Utah Code 4-41a-109. Advertising
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(1) Except as provided in this chapter, a person may not advertise regarding the recommendation, sale, dispensing, or transportation of medical cannabis, including:
Terms Used In Utah Code 4-41a-109
- advertising: means information provided by a person in any medium:(2)(a) to the public; and(2)(b) that is not age restricted to an individual who is at least 21 years old. See Utah Code 4-41a-102
- Cannabis: means the same as that term is defined in Section
26B-4-201 . See Utah Code 4-41a-102- Cannabis product: means the same as that term is defined in Section
26B-4-201 . See Utah Code 4-41a-102- Department: means the Department of Agriculture and Food. See Utah Code 4-41a-102
- Medical cannabis: means the same as that term is defined in Section
26B-4-201 . See Utah Code 4-41a-102- Medical cannabis pharmacy: means the same as that term is defined in Section
26B-4-201 . See Utah Code 4-41a-102- Medical cannabis treatment: means the same as that term is defined in Section
26B-4-201 . See Utah Code 4-41a-102- Medicinal dosage form: means the same as that term is defined in Section
26B-4-201 . See Utah Code 4-41a-102- Organization: means a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity. See Utah Code 4-1-109
- Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109
(1)(a) a promotional discount or incentive;(1)(b) a particular medical cannabis product, medical cannabis device, medical cannabis brand, or medicinal dosage form; or(1)(c) an assurance of a medical outcome related to a medical cannabis treatment. - Cannabis: means the same as that term is defined in Section
(2) Notwithstanding Subsection (1):
(2)(a) a nonprofit organization that offers financial assistance for medical cannabis treatment to low-income patients may advertise the organization’s assistance if the advertisement does not relate to a specific medical cannabis pharmacy or a specific medical cannabis product; and
(2)(b) a medical cannabis pharmacy may provide information regarding subsidies for the cost of medical cannabis treatment to patients who affirmatively accept receipt of the subsidy information.
(3) To ensure that the name and logo of a licensee under this chapter have a medical rather than a recreational disposition, the name and logo of the licensee:
(3)(a) may include terms and images associated with:
(3)(a)(i) a medical disposition, including “medical,” “medicinal,” “medicine,” “pharmacy,” “apothecary,” “wellness,” “therapeutic,” “health,” “care,” “cannabis,” “clinic,” “compassionate,” “relief,” “treatment,” and “patient;” or
(3)(a)(ii) the plant form of cannabis, including “leaf,” “flower,” and “bloom;” and
(3)(b) may not include:
(3)(b)(i) any term, statement, design representation, picture, or illustration that is associated with a recreational disposition or that appeals to children;
(3)(b)(ii) an emphasis on a psychoactive ingredient;
(3)(b)(iii) a specific cannabis strain; or
(3)(b)(iv) terms related to recreational marijuana, including “weed,” “pot,” “reefer,” “grass,” “hash,” “ganga,” “Mary Jane,” “high,” “buzz,” “haze,” “stoned,” “joint,” “bud,” “smoke,” “euphoria,” “dank,” “doobie,” “kush,” “frost,” “cookies,” “rec,” “bake,” “blunt,” “combust,” “bong,” “budtender,” “dab,” “blaze,” “toke,” or “420.”
(4) The department shall define standards for advertising authorized under this chapter, including names and logos in accordance with Subsection (3), to ensure a medical rather than recreational disposition.