Full text of Utah Utah Code § 41a-1104 — Advertising., with citation guidance and answers to common questions.
§ 41a-1104. Advertising.
Effective 7/1/2023
4-41a-1104.
Advertising.
| (1) |
Except as provided in this section, a person may not advertise in any medium regarding a medical cannabis pharmacy or the dispensing of medical cannabis within the state. |
| (2) |
A medical cannabis pharmacy may:
| (a) |
advertise an employment opportunity at the medical cannabis pharmacy; |
| (b) |
notwithstanding any municipal or county ordinance prohibiting signage, use signage on the outside of the medical cannabis pharmacy that:
| (i) |
includes only:
| (A) |
in accordance with Subsection 4-41a-109(4), the medical cannabis pharmacy's name, logo, and hours of operation; and |
|
| (ii) |
complies with local ordinances regulating signage; |
|
| (c) |
advertise in any medium:
| (i) |
the pharmacy's name and logo; |
| (ii) |
the location and hours of operation of the medical cannabis pharmacy; |
| (iii) |
a service available at the medical cannabis pharmacy; |
| (iv) |
personnel affiliated with the medical cannabis pharmacy; |
| (v) |
whether the medical cannabis pharmacy is licensed as a home delivery medical cannabis pharmacy; |
| (vi) |
best practices that the medical cannabis pharmacy upholds; and |
| (vii) |
educational material related to the medical use of cannabis, as defined by the department; |
|
| (d) |
hold an educational event for the public or medical providers in accordance with Subsection (3) and the rules described in Subsection (4); |
| (e) |
maintain on the medical cannabis pharmacy's website non-promotional information regarding the medical cannabis pharmacy's inventory; or |
| (f) |
engage in targeted marketing, as determined by the department through rule, for advertising a particular medical cannabis product, medical cannabis device, or medical cannabis brand. |
|
| (3) |
A medical cannabis pharmacy may not include in an educational event described in Subsection (2)(d):
| (b) |
any gift items or merchandise other than educational materials, as those terms are defined by the department; |
| (c) |
any marketing for a specific product from the medical cannabis pharmacy or any other statement, claim, or information that would violate the federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301, et seq.; or |
| (d) |
a presenter other than the following:
| (v) |
a medical practitioner, similar to a practitioner described in Subsections (3)(d)(i) through (iv), who is licensed in another state or country; |
| (vi) |
a state employee; or |
| (vii) |
if the presentation relates to a cannabis topic other than medical treatment or medical conditions, an individual whom the department approves based on the individual's background and credentials in the presented topic. |
|
|
| (4) |
The department shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to define:
| (a) |
the educational material described in Subsection (2)(c)(vii); and |
| (b) |
the elements of and restrictions on the educational event described in Subsection (3), including:
| (i) |
a minimum age of 21 years old for attendees; and |
| (ii) |
an exception to the minimum age for a medical cannabis patient cardholder who is at least 18 years old. |
|
|
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
Frequently Asked Questions About Utah § 41a-1104
What does Utah Code § 41a-1104 cover?
Section 41a-1104 ("Advertising.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 41a-1104?
A common citation format is "Utah Code § 41a-1104" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 41a-1104 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
