§ 70-201.13. Advertising provisions.

Medical marijuana dispensaries shall comply with the advertising and marketing regulations contained in Part 1004 of Title 10 of the New York Codes, Rules and Regulations, as the regulations may be amended from time to time, which shall include, but not be limited to, the following:

A. 

All physical structures owned, leased or otherwise utilized by a registered organization, including any dispensing facility, shall:

(1) 

Not advertise medical marijuana brand names or utilize graphics related to marijuana or paraphernalia associated with marijuana on the exterior of the physical structures; and

(2) 

Not display medical marijuana products and paraphernalia associated with marijuana so as to be clearly visible from the exterior of a physical structure.

B. 

All restrictions listed in Subsection A of this section shall apply to any item located on any real property on which a medical marijuana dispensary's physical structure or structures is or are located.

C. 

All restrictions listed in Subsection A of this section shall apply to all vehicles owned, leased or utilized by medical marijuana dispensary or its owner or operator.

D. 

An advertisement for any marijuana product shall not contain:

(1) 

Any statement that is false or misleading;

(2) 

Any statement that falsely disparages a competitor's products;

(3) 

Any statement, design, or representation, picture or illustration that is obscene or indecent;

(4) 

Any statement, design, representation, picture or illustration that encourages or represents the use of marijuana for a condition other than a serious condition as defined in Subdivision 7 of § 3360 of the New York Public Health Law;

(5) 

Any statement, design, representation, picture or illustration that encourages or represents the recreational use of marijuana;

(6) 

Any statement, design, representation, picture or illustration related to the safety or efficacy of marijuana, unless supported by substantial evidence or substantial clinical data;

(7) 

Any statement, design, representation, picture or illustration portraying anyone under the age of 18, objects suggestive of the presence of anyone under the age of 18, or containing the use of a figure, symbol or language that is customarily associated with anyone under the age of 18;

(8) 

Any offer of a prize, award or inducement to a certified patient, designated caregiver or practitioner related to the purchase of marijuana or a certification for the use of marijuana; or

(9) 

Any statement that indicates or implies that the product or entity in the advertisement has been approved or endorsed by the State of New York or the Town of North Hempstead or any person or entity associated with the State of New York or the Town of North Hempstead, provided that this shall not preclude a factual statement that an entity is a registered organization.

Added 12-18-2018 by L.L. No. 12-2018