Section 691-30-3 - Advertising(1)Prohibitions.(A) In the course of promoting its brand or the brand of another licensee, cannabis or cannabis products, a cannabis establishment or licensee may not advertise in a manner: (1) That targets minors or contains subject matter or an illustration that targets minors;(2) That promotes irresponsible use;(3) That promotes activity that is illegal under Maine law;(4) That is contrary to or in direct violation of state or federal consumer protections; or(5) That otherwise presents a significant risk to public health and safety.(B) Advertising for a cannabis establishment may not: (1) Contain statements that are deceptive, false or misleading;(2) Display consumption of cannabis or cannabis products;(3) Include claims related to potency (beyond listing of cannabinoid content);(4) Depict activities or conditions considered risky when under the influence of cannabis, such as operating a motorized vehicle, boat or machinery, being pregnant or breastfeeding;(5) Contain any content that targets minors, including any subject matter or illustrations that target minors or images or other depictions of minors;(6) Contain any imitation of candy, sweets or snack food advertising, including any imitation of advertising used for branded candy, sweets or snack food;(7) Include the term "candy" or "candies", or any imitation of the names of branded candy, sweets or snack food;(8) Encourage the transportation of cannabis or cannabis products across state lines or otherwise encourage illegal activity;(9) Assert that cannabis or cannabis products are safe because they are regulated by the Department or have been tested by a testing facility or otherwise make claims that any government agency endorses or supports cannabis;(10) Make claims that cannabis has curative or therapeutic effects;(11) Contain any health or physical benefit claims, including but not limited to health or physical benefit claims on labels or packaging; or(12) Contain material that encourages excessive or rapid consumption.(C) No licensee or agent of a licensee may:(1) Make any deceptive, false or misleading assertions or statements on any informational material, any sign or any document provided to a consumer;(2) Distribute handbills in public areas or on publicly owned property;(3) Utilize television, radio, print media or internet advertising targeted at minors or traditional media outlets or social media outlets that target minors. Licensees or an agent of a licensee must take reasonable steps to ensure that any mass marketing or advertising does not target minors, including, for example, using marketing information from the vendor or employing age verification techniques commonly used in internet advertising to avoid reaching minors;(4) Advertise within a prohibited distance of the property line of an existing public or private school, which shall be:(a) A distance of 500 feet or more as established by the municipality in which the advertising is located;(b) A distance of 500 feet or more as established by the Maine Land Use Planning Commission for advertising located in unorganized or deorganized areas; or(c) A distance of 1,000 feet if no other distance has been set by a municipality or the Maine Land Use Planning Commission.(5) Engage in advertising via marketing directed towards location-based devices, including but not limited to cellular phones, unless the marketing is a mobile device application installed on the device by the owner of the device who is 21 years of age or older and includes a permanent and easy opt-out feature; or(6) Permit use of the licensee's trademarks, brands, names, locations or other distinguishing characteristics for third-party use on advertising in a manner that does not comply with this section or any other statute, rule or regulation.(D) In the event a third-party has used licensee brand, trademarks, brands, names, locations or other distinguishing characteristics in an advertisement that does not comply with this section or any other statute, rule or regulation, the licensee must immediately notify the Department, issue a cease-and-desist order to the third-party and pursue appropriate legal action.(2)Websites. In addition to complying with the advertisement criteria and prohibitions outlined in this section, a cannabis establishment advertising on a website must utilize appropriate measures to ensure that individuals visiting the web page are over 21 years of age.(3)Required Statements. A licensee must include the following statements, either in print or audio, on all print, television, radio and internet advertising in font size legible to the viewer or at a volume and speed that is readily understandable by the average listener: (A) "For use only by adults twenty-one years of age and older."(B) The license number of the cannabis establishment.(4)Branding and Logos. A licensee may utilize a brand name or brand names and a logo or logos for the marketing, advertising or other promotion of the licensee's business, cannabis or cannabis products, provided that the use of the brand name or logo in advertising, marketing, signage, non-cannabis items (such as clothing, lighters or stickers), packaging and labeling does not violate the requirements of the rules governing the adult use cannabis program.(5)Objectionable and Non-Conforming Advertising. The Department reserves the right to take action, including the use of punitive measures, against any licensee who fails to comply with the advertising provisions of this section, including, without limitation, specifying a period of time by which the licensee shall cease the non-compliant advertising and remove any advertising still being published or displayed.(6)Voluntary Sign, Advertising and Marketing Review. A licensee may submit to the Department a request for approval of any sign, advertisement or marketing materials it intends to use. For the purposes of this subsection, "sign" includes vehicle wraps as well as signs placed at a fixed location. Such a request for approval shall be submitted on forms provided by the Department and shall include the following information, as applicable: (A) A digital or physical sample of the sign, advertisement or marketing materials for which approval is requested, including a description of, as applicable:(1) The location(s) where the sign(s) will be placed; or(2) The time(s), place(s) and manner(s) the advertisement or marketing materials will be used.(B) A description of the target audience for any advertisement or marketing materials, including market research into the distribution or audience for any event, periodical, television or radio station, or online streaming service, social media outlet or other website where the advertisement or marketing materials may be used.(C) If applicable, any additional information required on the sign, advertisement, and marketing approval request form provided by the Department and available on the Department's website.(7)Approval or Rejection of Submitted Signs, Advertising or Marketing. The Department may refuse to approve any sign, advertising or marketing that is not in compliance with the requirements of this rule, or if the licensee does not provide complete or adequate information to the Department.(A) Within 30 days of receiving all applicable information regarding the sign, advertising or marketing materials for which approval is requested, the Department shall issue a decision in writing to approve or reject any sign, advertisement or marketing materials submitted for review. Any decision rejecting a submitted sign, advertisement or marketing material shall state the reasons for denial.(B) Signs, advertisements or marketing materials approved by the Department shall be issued an approval number. Approval is issued for and based upon the actual sample or samples and additional information provided by the licensee and may not be construed to indicate approval of any variation of the sign, advertisement, or marketing materials not initially approved.(C) Licensees shall maintain a record of each of the licensee's signs, advertisements, and marketing materials approved by the Department including the date of approval and the approval number. A licensee shall print the Department-issued approval number on any sign, advertisement or marketing materials that have been approved by the Department.(D) Reviews of signs, advertisements and marketing materials are licensee-specific and non-transferrable, except that a cannabis store licensee may rely on Department approval granted to a cultivation facility or products manufacturing facility licensee's advertisements or marketing materials so long as the cannabis store licensee does not alter or obscure any portion of the approved advertisements or marketing materials.(8)Marketing Between Licensees and Employee Samples.(A)Trade Samples.(1)Regulation of Trade Samples. Licensees may not provide samples of seeds, seedlings, immature cannabis plants, mother plants or mature cannabis plants to other licensees. As authorized in this subsection, trade samples may be provided only by cultivation facilities, with the exception of nursery cultivation facilities, and product manufacturing facilities and:(a) Must be provided solely for the purposes of business to business marketing;(b) May not be sold or otherwise provided for payment or consideration, including swapping samples among licensees;(c) Must be conveyed by way of authorized transfer in accordance with all tracking requirements;(d) Must be packaged and labeled in accordance with section 5 of this rule;(e) May not be consumed on the premises of the licensee providing or receiving the sample;(f) May not be sold or conveyed to another licensee or consumer; and(g) May not be provided for any payment or consideration in contravention of sales and excise tax requirements.(2)Cultivation Facilities. Cultivation facilities, with the exception of nursery cultivation facilities, may provide trade samples of cannabis grown at the facility to licensed products manufacturing facilities or cannabis stores.(3)Products Manufacturing Facilities. Products manufacturing facilities may provide trade samples of cannabis products to licensed cannabis stores, or other licensees conducting retails sales to consumers by delivery, in accordance with this subsection.(4)Trade Sample Limits. No samples of cannabis or cannabis products shall be permitted to be sold or otherwise transferred or conveyed to consumers. A licensee is limited to providing the following aggregate amounts of trade samples to an authorized individual recipient licensee in a calendar month period: (a) Edible cannabis products containing less than five grams of THC, which is easily divisible into servings of 10 mg of THC or less;(b) Cannabis concentrate containing 10 grams of THC; and(c) Two- and one-half ounces of cannabis.(B)Employee Samples.(1)Employee Sampling. A licensee may provide samples of cannabis and cannabis products to its employees for the purposes of research and development or employee education. As authorized in this paragraph, employees of a cultivation facility, products manufacturing facility or a cannabis store licensee may be provided with samples of cannabis or cannabis products and: (a) Under no circumstances may an employee be required to accept or consume samples from a licensee;(b) Such samples must have passed all mandatory testing and be provided solely for the purpose of research and development of cultivars of cannabis or cannabis products not currently sold by licensee to another licensee; or in the case of a cannabis store licensee, for the purpose of providing education to its employees for the purpose of providing information to consumers regarding cannabis or cannabis products sold by the licensee;(c) Such samples must be accounted for in the Department's inventory tracking system;(d) Must be packaged and labeled in accordance with Section 5 of this rule;(e) May not be consumed on the premises of the licensee by whom the employee is employed;(f) May not be sold or conveyed to any licensee, consumer or employee other than the employee identified in the Department's inventory tracking system; and(g) No samples of cannabis or cannabis products shall be permitted to be sold or otherwise transferred or conveyed to employees or to other licensees, except as outlined in this paragraph. A licensee is limited to providing each authorized individual recipient employee no more than two and one half ounces of a combination of cannabis and cannabis concentrate, that includes no more than 10 grams of cannabis concentrate, in a 90 day period. A licensee may not provide any authorized individual recipient employee with a package of edible cannabis product that contains more than 200 mg of THC, which must be easily divisible into servings of 10 mg of THC or less.18-691 C.M.R. ch. 30, § 3