ARS § 36-2859; Version 2

36-2859; Version 1 - Advertising; restrictions; warning; enforcement; civil penalty; exception 36-2859. Advertising; restrictions; warning; enforcement; civil penalty; exception (Eff. 7/1/26. Caution: 1998 Prop. 105 applies) A. A marijuana establishment or nonprofit medical marijuana dispensary may advertise or authorize advertising for marijuana or marijuana products in accordance with restrictions imposed by this section. B. An individual or entity that sells marijuana paraphernalia may advertise or authorize advertising for marijuana paraphernalia in accordance with restrictions imposed by this section. C. A marijuana establishment, a nonprofit medical marijuana dispensary or an individual or entity that sells marijuana paraphernalia may engage in advertising but may not do any of the following: 1. Advertise marijuana or marijuana products, including marijuana paraphernalia, to individuals who are under twenty-one years of age, including advertising: (a) With names that resemble or imitate food or drink brands that are marketed to children. (b) With images or likenesses of toys, cartoons or animated or fictional characters, including Santa Claus, that are designed to appeal to or encourage individuals who are under twenty-one years of age to consume marijuana or marijuana products. (c) With images or visual representations of the consumption of marijuana or marijuana products. (d) With the potency or tetrahydrocannabinol levels of the marijuana or marijuana product. (e) In a medium that specifically appeals to individuals who are under twenty-one years of age such that the advertising has a special attractiveness to individuals who are under twenty-one years of age beyond general attractiveness for individuals who are at least twenty-one years of age. 2. Advertise at, on or within public airports, public transportation shelters, public buses, public trains, public shuttles or public trams. 3. Advertise electronically, via social media or on a website, unless at least 73.6 percent of the audience is expected to be at least twenty-one years of age. 4. Advertise any health-related statement or statement regarding the effects of marijuana consumption on health that is known to be untrue. 5. Sponsor any sporting event unless at least 73.6 percent of the audience is expected to be at least twenty-one years of age or the sponsored organization provides written approval. Any sponsorship acknowledgment shall be in accordance with restrictions imposed by this section. D. All advertising pursuant to this section must contain the following conspicuous and legible warning: "Do not use marijuana if you are under twenty-one years of age or pregnant. Keep marijuana out of reach of children." All printed warnings must occupy at least ten percent of the advertising area and must be in black font on a white background, except that billboard advertisement warnings shall be in a type size that is at least ten percent of the largest type used in the advertisement. E. A billboard advertisement under this section is prohibited within one thousand radial feet of any child care center, church, substance abuse recovery facility, public park, public playground or public or private school that provides instruction to students in preschool or kindergarten programs or any of grades one through twelve. An individual or entity that violates this subsection, on notification by the attorney general's office, has thirty days to comply with these requirements. For circumstances beyond the control of the billboard operator that may prevent removal within the prescribed time frame, the advertisement must be removed as soon as safely and legally practicable. An individual or entity that does not comply with this subsection is subject to the civil penalties and disciplinary action prescribed in this section. F. An advertising platform may host advertising only if all of the following apply: 1. The advertising is authorized by a marijuana establishment or nonprofit medical marijuana dispensary. 2. The advertising accurately and legibly identifies the marijuana establishment or nonprofit medical marijuana dispensary responsible for the content of the advertising by name and license number or registration number. 3. The advertising contains a printed warning that complies with subsection D of this section. G. Any advertising under this chapter involving direct, individualized communication or dialogue shall use a method of age affirmation to verify that the recipient is at least twenty-one years of age before engaging in that communication or dialogue. For the purposes of this subsection, that method of age affirmation may include user confirmation, birth date disclosure or other similar registration methods. H. It is unlawful for an individual or entity other than a marijuana establishment or dual licensee to do any of the following in a manner that is not authorized by this chapter or rules adopted by the department pursuant to this chapter: 1. Facilitate the delivery of marijuana or marijuana products. 2. Solicit or accept orders for marijuana or marijuana products or operate a platform that solicits or accepts orders for marijuana or marijuana products. 3. Operate a listing service related to the sale or delivery of marijuana or marijuana products. I. A marijuana establishment, a nonprofit medical marijuana dispensary or an individual or entity that sells marijuana paraphernalia and that violates this section, on notification by the department or attorney general's office, has fourteen days to comply with the requirements of this section. J. A marijuana establishment that is found to be in violation of this section by the attorney general is subject to disciplinary action by the department pursuant to section 36-2854, subsection B. A nonprofit medical marijuana dispensary that is found to be in violation of this section by the attorney general is subject to disciplinary action by the department pursuant to section 36-2816. K. In addition to any other penalty imposed by law, an individual or entity other than a marijuana establishment or nonprofit medical marijuana dispensary that advertises marijuana or marijuana products, including marijuana paraphernalia, in violation of this section or otherwise violates this section shall pay a civil penalty of $20,000 per violation to the smart and safe Arizona fund established by section 36-2856. L. This section shall be enforced by the attorney general. M. For the purposes of this section, advertising does not include a communication of a marijuana establishment or nonprofit medical marijuana dispensary that is targeted only to the established customer base or that is requested by a customer or potential customer pursuant to an opt-in with an age affirmation.