Proposed Rules On Medical Marijuana Advertising Updated By The State In Response To Providers' Feedback

Responding to the concerns and comments from marijuana providers, Montana regulators have decided to adjust or update their proposed new rules for the advertisement of medical marijuana. 

The Montana Department of Revenue, in July, released rule proposals. These were intended to implement House Bill 249, which is a state law approved earlier this year. According to this law, some online advertising for marijuana businesses was allowed. However, many marijuana providers made objections to the original plan. According to them, the rules and regulations were too restrictive. These rules would make it harder for them to keep their businesses growing.

After reviewing public testimony, the department soon announced that it was updating the rule proposal. It is reported that with the revised rules, the providers will be able to "promote their business and market their brand but may not advertise marijuana or marijuana products except in electronic advertising."

It is stated that the new proposal will remove several of the original regulations. This includes the one that would have limited the size of outdoor signs. Another removal is of the requirement to include disclaimers that would state the risks of marijuana use. They have also removed the regulation that would have prevented the businesses of medical marijuana from sponsoring charitable events.

It is reported that the new updates in the rules will permit the providers to advertise on social media. The only requirement is that their accounts should be private and only open to those 21 and older. The regulations and rules for outdoor signage would be left to counties and cities. However, the businesses of marijuana are still prohibited from using billboard ads.

There has been an extension by the Department of Revenue in the public comment period on the new rules through 5 p.m., Sept. 20, 2021. However, the department will not hold an additional public hearing. It should be noted that these rules passed would only be for the businesses of medical marijuana. For recreational marijuana, the Department of Revenue is still creating laws, which will take effect on Jan. 1, 2022. This will be the first day when legal sales will be allowed.

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