4-41a-403. Advertising.

524 words·~2 min read·/ut/title-4/chapter-41a/4-41a-403

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

Effective 5/7/2025

(1)Except as provided in this section and Section 4-41a-604 , a cannabis production establishment may not advertise to the general public in any medium.

(2)A cannabis production establishment may advertise an employment opportunity at the cannabis production establishment.

(a)A cannabis production establishment may maintain a website that:

(i)contains information about the establishment and employees; and

(ii)except as provided in Subsection (3)(b) , does not advertise any medical cannabis, cannabis products, or medical cannabis devices.

(b)A cannabis processing facility may:

(i)if the website has age verification mechanisms that effectively prevent access by individuals under 21 years old, maintain a website that contains:

(A)educational information regarding medical cannabis produced by the cannabis processing facility, including the certificate of analysis that is created by an independent cannabis testing facility; and

(B)where medical cannabis produced by the cannabis processing facility may be purchased in the state; and

(ii)engage in targeted marketing in accordance with Section 4-41a-604 for advertising a particular medical cannabis product, medical cannabis device, or medical cannabis brand.

(a)Notwithstanding any municipal or county ordinance prohibiting signage, a cannabis production establishment may use signage on the outside of the cannabis production establishment that:

(i)includes only:

(A)in accordance with Subsection (4)(b) , the cannabis production establishment's name, logo, and hours of operation; and

(B)a green cross; and

(ii)complies with local ordinances regulating signage.

(b)The department shall define standards for a cannabis production establishment's name and logo to ensure a medical rather than recreational disposition.

(a)A cannabis production establishment may hold an educational event for the public or medical providers in accordance with this Subsection

(5)and the rules described in Subsection (5)(c) .

(b)A cannabis production establishment may not include in an educational event described in Subsection (5)(a) :

(i)any topic that conflicts with this chapter or Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis ;

(ii)any gift items or merchandise other than educational materials, as those terms are defined by the department;

(iii)any marketing for a specific product from the cannabis production establishment or any other statement, claim, or information that would violate the federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301, et seq.; or

(iv)a presenter other than the following:

(A)a cannabis production establishment agent;

(B)a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act ;

(C)an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse Practice Act ;

(D)a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act , or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act ;

(E)a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant Act ; or

(F)a state employee.

(c)The department shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act , to define the elements of and restrictions on the educational event described in Subsection (5)(a) , including a minimum age of 21 years old for attendees.

Amended by Chapter 114 , 2025 General Session