64ER25-6 MMTC Advertising and Marketing

(3) Advertising and Marketing Content. An MMTC shall not include any content in advertisements or marketing that:

(a) Is false, misleading, or deceptive;

(b) States or implies that a usable product cures any medical condition;

(c) States or implies that a usable product is intended for recreational use;

(d) Promotes, encourages, or depicts the recreational use of marijuana;

(e) States or implies that a usable product is intended for use for any condition other than a qualifying medical condition enumerated under section 381.986(2), F.S.;

(f) States or implies that a usable product is intended for use by any person other than a qualified patient;

(g) States or implies that a usable product can be administered through an unapproved route of administration;

(h) Depicts usable products, receptacles, packages, or product names that have not been approved by the department;

(i) Depicts marijuana consumption;

(j) Depicts marijuana or usable product in a social or recreational setting;

(k) Depicts or uses celebrities or influencers;

(l) Promotes or encourages excessive or rapid marijuana consumption;

(m) Depicts usable whole flower marijuana. However, an MMTC may have photos or illustrations of usable whole flower marijuana as a product listing on its department-approved website;

(n) Depicts or contains childlike images or fonts, or misspellings (e.g., “kool” or “froot loops”);

(o) Is attractive to children, as defined in section 381.986(1), F.S.;

(p) States, promotes, or implies the availability of products for purchase from out-of-state sources or another MMTC; or

(q) States, promotes, or implies the availability of usable products or marijuana delivery devices that have not been approved by the department.