Montana Code 16-12-211. Limitations on advertising — rulemaking
16-12-211. Limitations on advertising — rulemaking. (1) Except as provided in subsection (3), persons with licenses may not advertise marijuana or marijuana products.
Terms Used In Montana Code 16-12-211
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Department: means the department of revenue provided for in 2-15-1301. See Montana Code 16-12-102
- Licensee: means a person holding a state license issued pursuant to this chapter. See Montana Code 16-12-102
- Marijuana: means all plant material from the genus Cannabis containing tetrahydrocannabinol (THC) or seeds of the genus capable of germination. See Montana Code 16-12-102
- Person: means an individual, partnership, association, company, corporation, limited liability company, or organization. See Montana Code 16-12-102
(2)A listing in a directory of businesses authorized under this chapter is not advertising for the purposes of this section.
(3)(a) A licensee may engage in electronic advertising such as maintaining a website and advertising on web applications, provided that no electronic advertisement produced by the licensee contains a statement or illustration that:
(i)is false or misleading;
(ii)promotes overconsumption of marijuana or marijuana products;
(iii)depicts the actual consumption of marijuana or marijuana products;
(iv)depicts a person under 21 years of age consuming marijuana;
(v)makes any health, therapeutic, or medicinal claims about marijuana or marijuana products; or
(vi)is designed in a way that is likely to appeal to minors and includes cartoons, animals, children, or any other likeness to images, characters, or phrases that are designed in any manner to be appealing or to encourage consumption of marijuana by persons under 21 years of age.
(b)A licensee may not advertise marijuana or marijuana products using pop-up advertisements that display in a new internet browser window.
(c)A licensee may not direct advertising of marijuana or marijuana products toward mobile devices in the form of push notifications unless users affirmatively opt in to receiving push notifications related to marijuana or marijuana products.
(4)The department shall adopt rules to clearly identify the activities that constitute advertising that are prohibited under this section.