N.M. Stat. § 26-2C-20

Current through 2024, ch. 69

Section 26-2C-20 - Advertising and marketing restrictions

A. As used in this section, "advertising" does not mean:

(1) a sign or outdoor display or other statement permanently affixed to a licensed premises that is intended to induce the sale of a cannabis product produced, manufactured or sold on the licensed premises;

(2) a label affixed to a cannabis product or the covering, wrapper or container of a cannabis product; or

(3) an editorial or other material printed in a publication when the publication of the editorial or material was not paid for by a licensee and was not intended to promote the sale of cannabis products by a particular brand or company.

B. The division shall promulgate rules consistent with industry standards that:

(1) prohibit the advertisement and marketing of cannabis products:

(a) on radio, television or other broadcast media, internet pop-ups and mass transit vehicles; provided that the division shall not prohibit advertising and marketing to:

1) subscribers of subscription-based radio, television or other broadcast media who are twenty-one years of age or older; or

2) persons twenty-one years of age or older who have solicited the advertising or marketing;

(b) that are false, deceptive or misleading, including making unproven health benefit claims;

(c) that are on billboards, posters, handbills or other visual media that are located or can be viewed within three hundred feet of a school, daycare center or church;

(d) that depict consumption by children or other persons who appear to be younger than twenty-one years of age;

(e) that use predatory marketing and advertising practices targeting minors; or

(f) that are designed using cartoon characters or to mimic any other product brand; and

(2) require:

(a) all advertisements and marketing to accurately and legibly identify all persons responsible for its content; and

(b) advertisements in print and digital communications to be placed only where the audience is reasonably expected to be twenty-one years of age or older as determined by reliable, current audience composition data.

NMS § 26-2C-20

Laws 2021 (1st S.S.), ch. 4, § 20.

Amended by 2024, c. 38,s. 9, eff. 7/1/2024.