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2023 SESSION

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HB 2428 Marijuana; advertising restrictions, penalties.

Introduced by: Tony O. Wilt | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Marijuana; advertising restrictions; penalties. Makes it a Class 1 misdemeanor to advertise in or send any advertising matter into the Commonwealth regarding marijuana, marijuana products, or any substance containing a synthetic tetrahydrocannabinol or synthetic derivative of tetrahydrocannabinol other than those that may be legally sold in the Commonwealth. The bill provides that for violations of certain distance and zoning restrictions on outdoor advertising, as set forth in the bill, the Board of Directors of the Virginia Cannabis Control Authority must give the advertiser written notice to take corrective action and that, if such corrective action is not taken within 30 days, the advertiser is guilty of a Class 4 misdemeanor. The bill establishes numerous restrictions on marijuana advertisements, including provisions that prohibit advertisements from (i) targeting minors; (ii) being placed near schools, playgrounds, and certain other places; (iii) being displayed at a sporting event or on a billboard; (iv) being misleading, deceptive, or false; (v) referencing the intoxicating effects of marijuana; or (vi) promoting overconsumption or consumption by minors. This bill is identical to SB 1233.

SUMMARY AS PASSED HOUSE:

Marijuana; advertising restrictions; penalties. Makes it a Class 1 misdemeanor to advertise in or send any advertising matter into the Commonwealth regarding marijuana, marijuana products, or any substance containing a synthetic tetrahydrocannabinol unless the advertisement (i) is for a product that may be legally sold in the Commonwealth under certain Articles of the Drug Control Act or (ii) concerns the treatment of addiction or substance abuse or is part of a public health awareness campaign.

The bill also defines "tetrahydrocannabinol" or "THC" as any naturally occurring or synthetic tetrahydrocannabinol, including its salts, isomers, synthetic derivatives, salts of isomers, or salts of synthetic derivatives.

SUMMARY AS INTRODUCED:

Marijuana; advertising restrictions; penalties. Makes it a Class 1 misdemeanor to advertise in or send any advertising matter into the Commonwealth regarding marijuana or marijuana products other than those that may be legally sold or to engage in advertising activities in violation of the provisions of the Cannabis Control Act or regulations of the Board of Directors of the Virginia Cannabis Control Authority. The bill provides that for violations of certain distance and zoning restrictions on outdoor advertising, as set forth in the bill, the Board must give the advertiser written notice to take corrective action and that, if such corrective action is not taken within 30 days, the advertiser is guilty of a Class 4 misdemeanor. The bill establishes numerous restrictions on marijuana advertisements, including provisions that prohibit advertisements from (i) targeting minors; (ii) being placed near schools, playgrounds, and certain other places; (iii) being displayed at a sporting event or on a billboard; (iv) being misleading, deceptive, or false; (v) referencing the intoxicating effects of marijuana; or (vi) promoting overconsumption or consumption by minors.