Utah § 41a-109 - Advertising.

Effective 7/1/2023
4-41a-109.  Advertising.

(1)

Except as provided in this chapter, a person may not advertise regarding the recommendation, sale, dispensing, or transportation of medical cannabis, including: (a) a promotional discount or incentive; (b) a particular medical cannabis product, medical cannabis device, medical cannabis brand, or medicinal dosage form; or (c) an assurance of a medical outcome related to a medical cannabis treatment.

(2)

Notwithstanding Subsection (1): (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 (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: (a) may include terms and images associated with: (i) a medical disposition, including "medical," "medicinal," "medicine," "pharmacy," "apothecary," "wellness," "therapeutic," "health," "care," "cannabis," "clinic," "compassionate," "relief," "treatment," and "patient;" or (ii) the plant form of cannabis, including "leaf," "flower," and "bloom;" and (b) may not include: (i) any term, statement, design representation, picture, or illustration that is associated with a recreational disposition or that appeals to children; (ii) an emphasis on a psychoactive ingredient; (iii) a specific cannabis strain; or (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.

Renumbered and Amended by Chapter 273, 2023 General Session
Renumbered and Amended by Chapter 307, 2023 General Session
Amended by Chapter 307, 2023 General Session, (Coordination Clause)
Amended by Chapter 317, 2023 General Session