EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0880*
HOUSE BILL 880
A3 5lr2820
By: Delegates Smith and J. Lewis
Introduced and read first time: January 30, 2025
Assigned to: Economic Matters
A BILL ENTITLED
AN ACT concerning 1
Cannabis – Prohibition on Outdoor Advertising – Repeal 2
FOR the purpose of repealing a certain prohibition on certain outdoor advertising for 3
cannabis licensees, products, or services; and generally relating to advertising for 4
cannabis licensees, products, or services. 5
BY repealing and reenacting, with amendments, 6
Article – Alcoholic Beverages and Cannabis 7
Section 36–903 8
Annotated Code of Maryland 9
(2024 Replacement Volume) 10
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
That the Laws of Maryland read as follows: 12
Article – Alcoholic Beverages and Cannabis 13
36–903. 14
(a) [(1)] An advertisement for a cannabis licensee, cannabis product, or 15
cannabis–related service may not: 16
[(i)] (1) violate Title 13, Subtitle 3 of the Commercial Law Article; 17
[(ii)] (2) directly or indirectly target individuals under the age of 21 18
years; 19
[(iii)] (3) contain a design, an illustration, a picture, or a 20
representation that: 21
2 HOUSE BILL 880
[1.] (I) targets or is attractive to minors, including a 1
cartoon character, a mascot, or any other depiction that is commonly used to market 2
products to minors; 3
[2.] (II) displays the use of cannabis, including the 4
consumption, smoking, or vaping of cannabis; 5
[3.] (III) encourages or promotes cannabis for use as an 6
intoxicant; or 7
[4.] (IV) is obscene; OR 8
[(iv)] (4) engage in advertising by means of television, radio, 9
Internet, mobile application, social media, or other electronic communication, event 10
sponsorship, or print publication, unless at least 85% of the audience is reasonably expected 11
to be at least 21 years old as determined by reliable and current audience composition 12
data[; or 13
(v) except as provided in paragraph (2) of this subsection, engage in 14
advertising by means of placing an advertisement on the side of a building or another 15
publicly visible location of any form, including a sign, a poster, a placard, a device, a graphic 16
display, an outdoor billboard, or a freestanding signboard. 17
(2) A cannabis business may place exterior signage on the premises of the 18
business for the limited purpose of identifying the business to the public]. 19
(b) (1) (i) Subject to subparagraph (ii) of this paragraph, each 20
cannabis–related website shall employ a neutral age–screening mechanism that verifies 21
that the user is at least 21 years old, including by using an age–gate, age–screen, or age 22
verification mechanism before the user may access or view any content and before the 23
website may collect the user’s address, e–mail address, phone number, or contact 24
information to disseminate advertisements. 25
(ii) If a website is appropriate for a qualifying patient who is under 26
the age of 21 years, the website shall provide an alternative screening mechanism for the 27
qualifying patient. 28
(2) An advertisement placed on social media or a mobile application shall 29
include a notification that an individual must be at least 21 years old to view the content. 30
(3) The provisions of this subtitle applicable to cannabis licensees may not 31
be avoided by hiring or contracting with a third party, or outsourcing advertisements that 32
do not comply with this subtitle. 33
HOUSE BILL 880 3
(4) A cannabis licensee may not allow the use of the licensee’s trademarks, 1
brands, names, locations, or other distinguishing characteristics for third–party use for 2
advertisements that do not comply with this subtitle. 3
(c) The Administration shall adopt regulations to establish procedures for the 4
enforcement of this section. 5
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 6
October 1, 2025. 7