36-2859. Advertising restrictions; enforcement; civil penalty

344 words·~2 min read·/az/title-36/36-2859-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(Eff. until 7/1/26. Caution: 1998 Prop. 105 applies)

A. A marijuana establishment or nonprofit medical marijuana dispensary may engage in advertising.

B. An advertising platform may host advertising only if all of the following apply:

1. The advertising is authorized by a marijuana establishment or nonprofit medical marijuana dispensary.

2. The advertising accurately and legibly identifies the marijuana establishment or nonprofit medical marijuana dispensary responsible for the content of the advertising by name and license number or registration number.

C. Any advertising under this chapter involving direct, individualized communication or dialogue shall use a method of age affirmation to verify that the recipient is twenty-one years of age or older before engaging in that communication or dialogue. For the purposes of this subsection, that method of age affirmation may include user confirmation, birth date disclosure or other similar registration methods.

D. It is unlawful for an individual or entity other than a marijuana establishment or dual licensee to do any of the following in a manner that is not authorized by this chapter or rules adopted by the department pursuant to this chapter:

1. Facilitate the delivery of marijuana or marijuana products.

2. Solicit or accept orders for marijuana or marijuana products or operate a platform that solicits or accepts orders for marijuana or marijuana products.

3. Operate a listing service related to the sale or delivery of marijuana or marijuana products.

E. A marijuana establishment that violates this section is subject to disciplinary action by the department pursuant to section 36-2854, subsection B. A nonprofit medical marijuana dispensary that violates this section is subject to disciplinary action by the department pursuant to section 36-2816.

F. In addition to any other penalty imposed by law, an individual or entity other than a marijuana establishment or nonprofit medical marijuana dispensary that advertises marijuana or marijuana products in violation of this section or otherwise violates this section shall pay a civil penalty of $20,000 per violation to the smart and safe Arizona fund established by section 36-2856. This subsection may be enforced by the attorney general.