ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

House: HHS DPA 10-0-0-0

HB 2451: marijuana; advertising; restrictions

Sponsor: Representative Montenegro, LD 29

House Engrossed

Overview

Establishes advertising restrictions for marijuana establishments and nonprofit medical marijuana dispensaries effective on June 30, 2025. Contains a Proposition 105 clause.

History

Advertising is any public communication in any medium that offers or solicits a commercial transaction involving the sale, purchase or delivery of marijuana or marijuana products (A.R.S. § 36-2850).

A marijuana establishment or nonprofit medical marijuana dispensary can engage in advertising. An advertising platform may host advertising only if the following apply: 1) the advertising is authorized by a marijuana establishment or nonprofit medical marijuana dispensary; and 2) the advertising accurately and legibly identifies the marijuana establishment or nonprofit medical marijuana dispensary responsible for the advertising content by name and license number or registration number.

Any advertising involving direct, individualized communication or dialogue must use a method of age affirmation to verify that the recipient is 21 years of age or older before engaging in communication or dialogue. User confirmation, birth date disclosure or similar registration methods may be used to affirm age.

A marijuana establishment or nonprofit medical marijuana dispensary that violates these measures is subject to disciplinary action by the Arizona Department of Health Services (DHS). Enforced by the Attorney General, an individual or entity other than a marijuana establishment or nonprofit medical marijuana dispensary that advertises marijuana or marijuana products must pay a civil penalty of $20,000 per violation to the Smart and Safe Arizona Fund in addition to any other penalty imposed by law (A.R.S. § 36-2859).

Marijuana establishments may not do any of the following:

1)   package or label marijuana or marijuana products in a false or misleading manner;

2)   manufacture or sell marijuana products that resemble the form of a human, animal, insect, fruit, toy or cartoon; or

3)   sell or advertise marijuana or marijuana products with names that resemble or imitate food or drink brands marketed to children, or advertise marijuana or marijuana products to children (A.R.S.§ 36-2860).

 

 

 

 

Provisions

1.   ☒ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteProhibits a marijuana establishment or nonprofit medical marijuana dispensary from doing any of the following:

a)   advertising marijuana or marijuana products to individuals who are under 21 years of age, including advertising products with names that resemble or imitate food or drink brands marketed to children;

b)   advertising with images or likeliness of toys or cartoons, including Santa Claus that appeal to individuals who are under 21 years of age; and

c) advertising in a way that primarily appeals to individuals who are under 21 years old such that the advertising has a special attractiveness to individuals who are under 21 years old beyond general attractiveness for individuals over the age of 21. (Sec. 1)

2.   Specifies that a marijuana establishment or nonprofit medical marijuana dispensary is prohibited from:

a)   advertising at or on public transportation shelters, public buses or trains; and

b)   advertising electronically via social media or on a website unless at least 71.6% of the audience is expected to be at least 21 years of age. (Sec. 1)

3.   Requires all advertising to contain the following conspicuous and legible warning: "Do not use marijuana if you are under 21 years of age or older. Keep marijuana out of reach of children." (Sec.1)

4.   Prohibits a billboard advertisement to be placed within 1,000 radial feet of any of the following:

a)   child care center;

b)   church;

c) substance abuse recovery facility;

d)   public park or playground; or

e)   public or private school that provides instruction to students in preschool, kindergarten programs or any of grades 1-12. (Sec. 1)

5.   Asserts that a person in violation of the billboard distance requirement, on notification by the Attorney General' s Office, has 30 days to comply. (Sec. 1)

6.   Clarifies that for circumstances beyond the control of the billboard operator that may prevent the removal within the 30-day timeframe, the sign must be removed as soon as it is safely and legally possible and a person is subject to civil penalties and disciplinary action if in noncompliance. (Sec. 1)

7.   Prohibits billboard advertisements from:

a)   advertising strain names, potency or tetrahydrocannabinol levels of marijuana or marijuana products; and

b)   using any image or other visual representation of an individual consuming marijuana or marijuana products (Sec. 1)

8.   Allows only marijuana establishments or nonprofit medical marijuana dispensaries to authorize advertising for marijuana, products containing tetrahydrocannabinol or marijuana paraphernalia in accordance with marijuana statutes and regulations. (Sec. 1)

9.   Requires, rather than permits the Attorney General to enforce the marijuana advertising regulations. (Sec. 1)

10.  Exempts DHS from rulemaking requirements for 24 months for the purposes of enforcing the advertising regulations for marijuana establishments and marijuana dispensaries. (Sec. 2)

11.  Contains an effective date of June 30, 2025. (Sec. 3)

12.  Contains a Proposition 105 clause. (Sec. 4)

13.  Makes technical and conforming changes. (Sec. 1)

 

 

 

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                        HB 2451

Initials AG/MT          Page 0 House Engrossed

 

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