Rule 1301:18-4-22 | Advertising.
The state of Ohio has a compelling state interest to ensure that any advertisement, or marketing campaign related to cannabis, does not encourage or promote excessive use, intoxication, overconsumption, or use of cannabis in a manner not authorized by division 1301:18 of the Administrative Code or Chapter 3796. of the Revised Code, and is not attractive to children.
(A) Pre-approval required.
(1) Pursuant to section 3796.32 of the Revised Code, no licensee shall create, use, or disseminate, or cause to be created, used, or disseminated, any advertisement prior to submitting the advertisement to the division of cannabis control for review.
(2) Upon receipt of an advertisement, the division may do any of the following:
(a) Approve the advertisement;
(b) Deny the advertisement;
(c) Deny the advertisement, but permit re-submission to allow for modifications which would cause the division to approve the advertisement. Such modifications must be made and submitted to the division within ten business days of the division's request;
(d) Approve the advertisement, subject to certain amendments, modifications, or conditions.
(3) No licensee shall create, use, or disseminate, or cause to be created, used or disseminated, any advertisement unless and until the division provides written approval to utilize the advertisement.
(B) No licensee shall create, use, or disseminate, or cause to be created, used, or disseminated, an advertisement that is any of the following:
(1) False or misleading;
(2) Obscene or indecent;
(3) Attractive to children;
(4) Includes any image or text referencing or resembling a cartoon character, fictional character, or pop culture icon whose target audience is children or youth;
(5) Encourages the consumption of cannabis in a manner that leads to excessive use, intoxication, overconsumption, or in combination or conjunction with other intoxicants, illegal substances, or in a method not otherwise authorized by division 1301:18 of the Administrative Code;
(6) Contains a depiction of cannabis consumption or administration;
(7) A departure from the cannabis registered name, including, slang terms, and similar references;
(8) Disparaging to a competitor's products;
(9) Asserts or suggest that cannabis has any health or therapeutic benefits;
(10) Unless otherwise required by division 1301:18 of the Administrative Code, suggests, or otherwise indicates, that the advertisement has been approved or endorsed by the division of cannabis control, the state of Ohio or any person or entity associated with the state of Ohio, or any other person without their consent;
(11) Violates state of Ohio or federal trademark or copyright law; or
(12) Otherwise violates any provision of Chapter 3796. of the Revised Code or division 1301:18 of the Administrative Code.
(C) No licensee shall place or maintain, or cause to be placed or maintained, an advertisement for cannabis, whether medical or adult-use, cannabis products, or cannabis-related paraphernalia, in any form or through any of the following medium:
(1) On a medium with a high likelihood of reaching persons under the age of twenty-one years of age;
(2) Within five hundred feet of the end boundaries of a parcel of real estate having situated on it a prohibited facility, as defined by rule 1301:18-1-01 of the Administrative Code. This provision does not apply to signage on the facility of a licensee;
(3) Anywhere near, on, or at, any location whose intended audience is for children or individuals under the age of twenty-one, or any location that is not restricted to persons aged twenty-one years or older, or any other location where the placement of the advertisement targets or is attractive to children, as determined by the division of cannabis control. This provision does not apply to signage on the facility of a licensee.
(4) On a billboard;
(5) On a radio or television broadcast or internet programming;
(6) Left upon any private property without the consent of the property owner;
(7) On or in a public transit vehicle or public transit shelter;
(8) On or in a stadium or arena;
(9) On or in a publicly owned or operated property; or
(10) At any scheduled event, which includes conferences, trade shows, or similar events, which a licensee plans to attend, participate, or sponsor, whether it be educational or otherwise, unless the licensee provides written notification to the division of its intent to attend at least ten business days prior to the event.
(D) No licensee shall market, distribute, offer, sell, license, or cause to be marketed, distributed, offered, sold, or licensed any merchandise related to any entity licensed under division 1301:18 of the Administrative Code, or cannabis paraphernalia, to an individual under twenty-one years of age.
(E) No licensee shall market, distribute, offer, sell, license, or cause to be marketed, distributed, offered, sold, or licensed any cannabis paraphernalia, to a patient under eighteen years of age or to an individual under twenty-one years of age.
(F) As used in this rule, "promotion" means a drawing, contest, raffle, game, or other similar activity that grants a person the chance to win a gift, prize, or item from a licensee. The use of promotions is prohibited.
(G) Each licensee must ensure the universal THC symbol, as prescribed by the division, is outlined in the manner prescribed by paragraph (C) of rule 1301:18-4-04 of the Administrative Code, on all of the following:
(1) Any advertisement that is on, or is a depiction of, any of the items required to contain the universal THC symbol pursuant to rules 1301:18-4-04 and 1301:18-6-06 of the Administrative Code; and
(2) Any advertisement that is on, or is a depiction of, any other medium which is capable of storing cannabis.
(3) If an advertisement depicts any item which is required to contain the universal THC symbol pursuant to paragraphs (G)(1) and (G)(2) of this rule, it must accurately depict the universal THC symbol and Ohio division of cannabis control seal accurately, and in the precise location and as displayed on the respective item presented in the advertisement.
(H) A licensee may develop a website or otherwise establish a web presence advertising the name, business address, contact information, and services provided by the licensee. A licensee that chooses to develop a website or other web presence must comply with all of the following requirements:
(1) The website or other web presence must prominently and conspicuously display the Ohio division of cannabis control seal; and
(2) The website or other web presence shall require age affirmation of at least eighteen years of age by registered patients and at least twenty-one years of age by adult-use consumers, before gaining access to licensee's website.
(3) A licensee operating a website shall not do any of the following:
(a) Provide a medium for website users to transmit website content to individuals under the age of eighteen for registered patients or under the age of twenty-one for consumers; or
(b) Display or otherwise post content that violates Chapter 3796. of the Revised Code. or division 1301:18 of the Administrative Code.
(I) For the purpose of identifying the location of a licensee, a licensee may utilize a sign that is located within the external boundaries of the parcel of real estate or may utilize a monument sign or other trade fixture associated with the leased or owned premises.
(J) A licensee may photograph, record, or create other media depicting the licensed premises so long as the licensee ensures:
(1) Unless otherwise authorized by the individual, the confidentiality of all patients, caregivers, and adult-use consumers;
(2) No media compromises the safety and security of the licensed premises; and
(3) Unless authorized by the division, the media will not depict any secure, limited access area.
(a) For cultivators, processors, and testing laboratories, secure limited access areas may be depicted so long as they do not include areas where final packaged products are stored or otherwise compromise the safety and security of the licensed premises.
(b) For dispensaries, secure limited access areas may be depicted so long as they are areas already visible to a customer when inside the dispensary.
(K) In accordance with rule 1301:18-9-03 of the Administrative Code, no licensee shall license, encourage, or otherwise authorize any affiliated or third party to use or advertise in a manner prohibited by division 1301:18 of the Administrative Code.
(L) Should the division determine that a licensee's advertisement violates any of the requirements outlined under division 1301:18 of the Administrative Code, the division may:
(1) Require a specific disclosure be made in the advertisement in a clear and conspicuous manner if the advertisement would be false or misleading without such a disclosure;
(2) Make recommendations with respect to changes that are necessary to protect the health, safety, or welfare of the public.
(3) Prohibit the use of the advertisement; or
(4) Investigate and proceed with any action as permitted by Chapter 1301:18-9 of the Administrative Code.
Last updated October 5, 2026 at 7:46 AM
Supplemental Information