HB 2179
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☒ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature
First Regular Session
House: HHS DP 12-0-0-0
HB 2179: marijuana; advertising; restrictions
Sponsor: Representative Bliss, LD 1
House Engrossed
Overview
Establishes advertising restrictions and warning label requirements for marijuana products
and marijuana paraphernalia effective on July 1, 2026. 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 may 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 (AG), 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).
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Provisions
1. Specifies that only a marijuana establishment or nonprofit medical marijuana dispensary
may advertise or authorize advertising for marijuana, products containing
tetrahydrocannabinol or intoxicating cannabinoids in accordance with the advertising
restrictions. (Sec. 1)
2. Allows an individual or entity that sells marijuana paraphernalia to advertise or
authorize advertising for marijuana paraphernalia in accordance with the marijuana
advertising restrictions. (Sec. 1)
3. Prohibits a marijuana establishment, nonprofit medical marijuana dispensary or an
individual or entity that sells marijuana paraphernalia from doing any of the following:
a) advertising marijuana or marijuana products, including marijuana paraphernalia, to
individuals who are under 21 years of age, including advertising products with names
that resemble or imitate food or drink brands that are marketed to children;
b) advertising with images or likeliness of toys, cartoons and animated or fictional
characters, including Santa Claus, that are designed to appeal to or encourage
individuals who are under 21 years of age;
c) advertising with images or visual representations of the consumption of the
marijuana or marijuana product;
d) advertising with the potency or tetrahydrocannabinol levels of the marijuana or
marijuana product;
e) advertising in a medium that specifically 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;
f) advertising at, on or within airports, public transportation shelters, public buses,
public trains, public shuttles or public trams; and
g) advertising any health-related statement or statement regarding the effects of
marijuana consumption that is known to be untrue. (Sec. 1)
4. Prohibits a marijuana establishment, nonprofit medical marijuana dispensary, individual
or entity that sells marijuana paraphernalia from doing any of the following unless at
least 73.6% of the audience is expected to be at least 21 years of age or the sponsored
organization provides written approval:
a) advertising electronically via social media or on a website; and
b) sponsoring any sporting event (Sec. 1)
5. Requires all advertising for marijuana or marijuana products to contain the conspicuous
and legible warning: "Do not use marijuana if you are under 21 years of age or pregnant.
Keep marijuana out of reach of children." (Sec. 1)
6. Requires all printed warnings for marijuana or marijuana products to occupy at least 10%
of the advertising area and be in black font on a white background. (Sec. 1)
7. Mandates billboard advertisement warnings to be in a type size that is at least 10% of the
largest type used in the advertisement. (Sec. 1)
8. Prohibits a billboard advertisement for marijuana or marijuana products to be placed
within 1,000 radial feet of any:
a) child care center;
b) church;
c) substance abuse recovery facility; HB 2179
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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)
9. Provides a person in violation of the billboard advertising restrictions 30 days to comply
with all requirements, upon notification of noncompliance by the AG. (Sec. 1)
10. Clarifies that for circumstances beyond the control of the billboard operator that may
prevent the removal within the 30-day timeframe, the advertisement must be removed
as soon as it is safely and legally possible. (Sec. 1)
11. Subjects a person who does not comply with the billboard advertising requirements to
civil penalties and disciplinary action. (Sec. 1)
12. Adds that an advertising platform may host advertising only if the advertising contains
a printed warning that complies with the marijuana label requirement. (Sec. 1)
13. States that a marijuana establishment, nonprofit medical marijuana dispensary or an
individual or entity that sells marijuana paraphernalia that violates the advertising
restrictions has 14 days to comply, upon notification by DHS or AG. (Sec. 1)
14. Subjects a marijuana establishment that is found to be in violation of the marijuana
advertising regulations by the AG to disciplinary action by DHS. (Sec. 1)
15. Requires, rather than allows the AG to enforce the marijuana advertising regulations.
(Sec.1)
16. Clarifies that advertising for marijuana or marijuana products does not include a
communication of a marijuana establishment or nonprofit medical marijuana dispensary
that is targeted only to the established customer base or that is requested by a customer
or potential customer pursuant to an opt-in with an age affirmation. (Sec. 1)
17. Contains an effective date of July 1, 2026. (Sec. 2)
18. Contain a Proposition 105 clause. (Sec. 3)
19. Makes technical and conforming changes. (Sec. 1)