California CodesBusiness and Professions Code - BPCDivision 10 — CannabisChapter 15 — Advertising and Marketing RestrictionsSection 26152

A person engaged in commercial cannabis activity, whether licensed or unlicensed, shall not do any of the following:

(a) Advertise or market in a manner that is false or untrue in any material particular, or that, irrespective of falsity, directly, or by ambiguity, omission, or inference, or by the addition of irrelevant, scientific, or technical matter, tends to create a misleading impression.

(b) Publish or disseminate advertising or marketing containing any statement concerning a brand or product that is inconsistent with any statement on the labeling thereof.

(c) Publish or disseminate advertising or marketing containing any statement, design, device, or representation which tends to create the impression that the cannabis or industrial hemp originated in a particular place or region, unless the label of the advertised product bears an appellation of origin, and such appellation of origin appears in the advertisement.

(d) Advertise or market on a billboard or similar advertising device located on an interstate highway or on a state highway which crosses the California border.

(e) Advertise or market cannabis or cannabis products in a manner intended to encourage persons under 21 years of age to consume cannabis or cannabis products.

(f) Publish or disseminate advertising or marketing that is attractive to children.

(g) Advertise or market cannabis or cannabis products on an advertising sign within 1,000 feet of a daycare center, school providing instruction in kindergarten or any of grades 1 to 12, inclusive, playground, or youth center.

(h) Publish or disseminate advertising or marketing for unlicensed commercial cannabis activity or for licensed commercial cannabis activity while the licensee’s license is suspended.

Notes

Prohibits licensed or unlicensed commercial cannabis operators from false, misleading, label-inconsistent, or unsupported origin advertising; interstate or border-crossing state-highway billboards; marketing intended for persons under 21 or attractive to children; and advertising signs within 1,000 feet of specified child-oriented sites. Also bars promotion of unlicensed activity or licensed activity while the license is suspended.

Use as reference

Lexinter.net | California Code, Business and Professions Code - BPC § 26152 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-10/chapter-15/section-26152

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