Maryland 2024 Regular Session

Maryland Senate Bill SB399 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0399
6	6
7	7	SENATE BILL 399
8	8	A3 4lr2240
9	9
10	10	By: Senator West
11	11	Introduced and read first time: January 18, 2024
12	12	Assigned to: Finance
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Cannabis – Advertising – Prohibited Locations 2
19	19
20	20	FOR the purpose of altering a certain prohibition on advertising for cannabis licensees, 3
21	21	products, or services by repealing a prohibition on certain outdoor advertising and 4
22	22	instead prohibiting advertising within a certain distance of a substance use 5
23	23	treatment facility or certain schools, child care facilities, or other locations; 6
24	24	authorizing a cannabis licensee to request and requiring the Maryland Cannabis 7
25	25	Administration to provide an opinion as to whether a cannabis advertisement 8
26	26	complies with certain requirements; and generally relating to advertising for 9
27	27	cannabis licensees, products, or services. 10
28	28
29	29	BY repealing and reenacting, with amendments, 11
30	30	Article – Alcoholic Beverages and Cannabis 12
31	31	Section 36–903 13
32	32	Annotated Code of Maryland 14
33	33	(2016 Volume and 2023 Supplement) 15
34	34
35	35	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
36	36	That the Laws of Maryland read as follows: 17
37	37
38	38	Article – Alcoholic Beverages and Cannabis 18
39	39
40	40	36–903. 19
41	41
42	42	(a) (1) This subsection does not apply to an advertisement placed on property 20
43	43	owned or leased by a dispensary, grower, or processor. 21
44	44
45	45	(2) An advertisement for a cannabis licensee, cannabis product, or 22
46	46	cannabis–related service may not: 23
47	47
48	48	(i) violate Title 13, Subtitle 3 of the Commercial Law Article; 24 2 SENATE BILL 399
49	49
50	50
51	51
52	52	(ii) directly or indirectly target individuals under the age of 21 years; 1
53	53
54	54	(iii) contain a design, an illustration, a picture, or a representation 2
55	55	that: 3
56	56
57	57	1. targets or is attractive to minors, including a cartoon 4
58	58	character, a mascot, or any other depiction that is commonly used to market products to 5
59	59	minors; 6
60	60
61	61	2. displays the use of cannabis, including the consumption, 7
62	62	smoking, or vaping of cannabis; 8
63	63
64	64	3. encourages or promotes cannabis for use as an intoxicant; 9
65	65	or 10
66	66
67	67	4. is obscene; 11
68	68
69	69	(iv) engage in advertising by means of television, radio, Internet, 12
70	70	mobile application, social media, or other electronic communication, or print publication, 13
71	71	unless at least 85% of the audience is reasonably expected to be at least 21 years old as 14
72	72	determined by reliable and current audience composition data; or 15
73	73
74	74	(v) [engage in advertising by means of placing an advertisement on 16
75	75	the side of a building or another publicly visible location of any form, including a sign, a 17
76	76	poster, a placard, a device, a graphic display, an outdoor billboard, or a freestanding 18
77	77	signboard] BE PLACED WITHIN 500 FEET OF: 19
78	78
79	79	1. A SUBSTANCE USE TREA TMENT FACILITY ; 20
80	80
81	81	2. A PRIMARY OR SECONDA RY SCHOOL; 21
82	82
83	83	3. A LICENSED CHILD CAR E CENTER OR A REGISTERED 22
84	84	FAMILY CHILD CARE HOME UNDER TITLE 9.5 OF THE EDUCATION ARTICLE; OR 23
85	85
86	86	4. A PLAYGROUND , RECREATIONAL CENTER , LIBRARY, 24
87	87	OR PUBLIC PARK . 25
88	88
89	89	(b) (1) (i) Subject to subparagraph (ii) of this paragraph, each 26
90	90	cannabis–related website shall employ a neutral age–screening mechanism that verifies 27
91	91	that the user is at least 21 years old, including by using an age–gate, age–screen, or age 28
92	92	verification mechanism before the user may access or view any content and before the 29
93	93	website may collect the user’s address, e–mail address, phone number, or contact 30
94	94	information to disseminate advertisements. 31
95	95	SENATE BILL 399 3
96	96
97	97
98	98	(ii) If a website is appropriate for a qualifying patient who is under 1
99	99	the age of 21 years, the website shall provide an alternative screening mechanism for the 2
100	100	qualifying patient. 3
101	101
102	102	(2) An advertisement placed on social media or a mobile application shall 4
103	103	include a notification that an individual must be at least 21 years old to view the content. 5
104	104
105	105	(3) The provisions of this subtitle applicable to cannabis licensees may not 6
106	106	be avoided by hiring or contracting with a third party, or outsourcing advertisements that 7
107	107	do not comply with this subtitle. 8
108	108
109	109	(4) A cannabis licensee may not allow the use of the licensee’s trademarks, 9
110	110	brands, names, locations, or other distinguishing characteristics for third–party use for 10
111	111	advertisements that do not comply with this subtitle. 11
112	112
113	113	(5) (I) A CANNABIS LICENSEE MAY SUBMIT, IN A FORM 12
114	114	PRESCRIBED BY THE ADMINISTRATION , AN ADVERTISEMENT TO THE 13
115	115	ADMINISTRATION FOR AN ADVISORY OPIN ION ON WHETHE R THE ADVERTISEMENT 14
116	116	COMPLIES WITH THE RE QUIREMENTS OF THIS S ECTION. 15
117	117
118	118	(II) WITHIN 30 DAYS AFTER RECEIVING AN ADVERTISEMENT 16
119	119	SUBMITTED UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE 17
120	120	ADMINISTRATION SHALL REVIEW THE ADVERTISE MENT AND PROVIDE THE 18
121	121	LICENSEE WITH THE ADVISORY OPINION . 19
122	122
123	123	(c) The Administration shall adopt regulations to establish procedures for the 20
124	124	enforcement of this section. 21
125	125
126	126	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22
127	127	October 1, 2024. 23