EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0399*
SENATE BILL 399
A3 4lr2240
By: Senator West
Introduced and read first time: January 18, 2024
Assigned to: Finance
A BILL ENTITLED
AN ACT concerning 1
Cannabis – Advertising – Prohibited Locations 2
FOR the purpose of altering a certain prohibition on advertising for cannabis licensees, 3
products, or services by repealing a prohibition on certain outdoor advertising and 4
instead prohibiting advertising within a certain distance of a substance use 5
treatment facility or certain schools, child care facilities, or other locations; 6
authorizing a cannabis licensee to request and requiring the Maryland Cannabis 7
Administration to provide an opinion as to whether a cannabis advertisement 8
complies with certain requirements; and generally relating to advertising for 9
cannabis licensees, products, or services. 10
BY repealing and reenacting, with amendments, 11
Article – Alcoholic Beverages and Cannabis 12
Section 36–903 13
Annotated Code of Maryland 14
(2016 Volume and 2023 Supplement) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Alcoholic Beverages and Cannabis 18
36–903. 19
(a) (1) This subsection does not apply to an advertisement placed on property 20
owned or leased by a dispensary, grower, or processor. 21
(2) An advertisement for a cannabis licensee, cannabis product, or 22
cannabis–related service may not: 23
(i) violate Title 13, Subtitle 3 of the Commercial Law Article; 24 2 SENATE BILL 399
(ii) directly or indirectly target individuals under the age of 21 years; 1
(iii) contain a design, an illustration, a picture, or a representation 2
that: 3
1. targets or is attractive to minors, including a cartoon 4
character, a mascot, or any other depiction that is commonly used to market products to 5
minors; 6
2. displays the use of cannabis, including the consumption, 7
smoking, or vaping of cannabis; 8
3. encourages or promotes cannabis for use as an intoxicant; 9
or 10
4. is obscene; 11
(iv) engage in advertising by means of television, radio, Internet, 12
mobile application, social media, or other electronic communication, or print publication, 13
unless at least 85% of the audience is reasonably expected to be at least 21 years old as 14
determined by reliable and current audience composition data; or 15
(v) [engage in advertising by means of placing an advertisement on 16
the side of a building or another publicly visible location of any form, including a sign, a 17
poster, a placard, a device, a graphic display, an outdoor billboard, or a freestanding 18
signboard] BE PLACED WITHIN 500 FEET OF: 19
1. A SUBSTANCE USE TREA TMENT FACILITY ; 20
2. A PRIMARY OR SECONDA RY SCHOOL; 21
3. A LICENSED CHILD CAR E CENTER OR A REGISTERED 22
FAMILY CHILD CARE HOME UNDER TITLE 9.5 OF THE EDUCATION ARTICLE; OR 23
4. A PLAYGROUND , RECREATIONAL CENTER , LIBRARY, 24
OR PUBLIC PARK . 25
(b) (1) (i) Subject to subparagraph (ii) of this paragraph, each 26
cannabis–related website shall employ a neutral age–screening mechanism that verifies 27
that the user is at least 21 years old, including by using an age–gate, age–screen, or age 28
verification mechanism before the user may access or view any content and before the 29
website may collect the user’s address, e–mail address, phone number, or contact 30
information to disseminate advertisements. 31
SENATE BILL 399 3
(ii) If a website is appropriate for a qualifying patient who is under 1
the age of 21 years, the website shall provide an alternative screening mechanism for the 2
qualifying patient. 3
(2) An advertisement placed on social media or a mobile application shall 4
include a notification that an individual must be at least 21 years old to view the content. 5
(3) The provisions of this subtitle applicable to cannabis licensees may not 6
be avoided by hiring or contracting with a third party, or outsourcing advertisements that 7
do not comply with this subtitle. 8
(4) A cannabis licensee may not allow the use of the licensee’s trademarks, 9
brands, names, locations, or other distinguishing characteristics for third–party use for 10
advertisements that do not comply with this subtitle. 11
(5) (I) A CANNABIS LICENSEE MAY SUBMIT, IN A FORM 12
PRESCRIBED BY THE ADMINISTRATION , AN ADVERTISEMENT TO THE 13
ADMINISTRATION FOR AN ADVISORY OPIN ION ON WHETHE R THE ADVERTISEMENT 14
COMPLIES WITH THE RE QUIREMENTS OF THIS S ECTION. 15
(II) WITHIN 30 DAYS AFTER RECEIVING AN ADVERTISEMENT 16
SUBMITTED UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE 17
ADMINISTRATION SHALL REVIEW THE ADVERTISE MENT AND PROVIDE THE 18
LICENSEE WITH THE ADVISORY OPINION . 19
(c) The Administration shall adopt regulations to establish procedures for the 20
enforcement of this section. 21
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22
October 1, 2024. 23