HB 2451 — marijuana; advertising; restrictions

Fifty-sixthHouse LegislatureEngrossed Healthmarijuana; & Human Services Second Regular Session H.B.

2451advertising; PROPOSED HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B.

2451restrictions (ReferenceState toof printedArizona bill)House Pageof 1,Representatives lineFifty-sixth 9,Legislature strikeSecond "MARIJUANARegular OR"Session LineHOUSE 10,BILL strike2451 "MARIJUANAAN PRODUCTS"ACT insertAMENDING ":SECTION 36-2859, ARIZONA REVISED STATUTES;

(a)"RELATING LineTO 11,MARIJUANA. after "CHILDREN" insert a period strike remainder of line Strike line 12, insert:

"(b)(TEXT WITH IMAGES OR LIKENESSES OF TOYSBILL ORBEGINS CARTOONS,ON INCLUDINGNEXT SANTAPAGE) CLAUS,- THATi APPEAL- TOH.B. INDIVIDUALS WHO ARE UNDER TWENTY-ONE YEARS OF AGE.

(c)2451 INBe Ait WAYenacted THATby PRIMARILYthe APPEALSLegislature TOof INDIVIDUALSthe WHOState AREof UNDERArizona: TWENTY-ONE YEARS OF AGE SUCH THAT THE ADVERTISING HAS A SPECIAL ATTRACTIVENESS TO INDIVIDUALS WHO ARE UNDER TWENTY-ONE YEARS OF AGE BEYOND GENERAL ATTRACTIVENESS FOR INDIVIDUALS WHO ARE TWENTY-ONE YEARS OF AGE OR OLDER." Line 16, strike "THE ADVERTISER HAS RELIABLE EVIDENCE THAT" Line 18, after "FOLLOWING" insert "CONSPICUOUS AND LEGIBLE";

afterSection the1. quotation marks insert "DO NOT USE" Line 19, strike "IS ONLY FOR ADULTS WHO ARE" insert "IF YOU ARE UNDER";

strikeSubject "ORto OLDER";the requirements of article IV, part 1, section 1, Constitution of Arizona, section 36-2859, Arizona Revised Statutes, is amended to read:

after36-2859. "KEEP" insert "MARIJUANA" Line 22, after "THOUSAND" insert "RADIAL";

strikeAdvertising ",restrictions; IF IN THE LINE OF SIGHT," Line 23, after the second comma insert "SUBSTANCE ABUSE RECOVERY FACILITY," Line 26, after "SUBSECTION" insert ", ON NOTIFICATION BY THE ATTORNEY GENERAL'S OFFICE,";

afterenforcement; the period insert "FOR CIRCUMSTANCES BEYOND THE CONTROL OF THE BILLBOARD OPERATOR THAT MAY PREVENT THE REMOVAL WITHIN THE PRESCRIBED TIME FRAME, THE SIGN MUST BE REMOVED AS SOON AS IT IS SAFELY AND House Amendments to H.B.

2451civil LEGALLYpenalty POSSIBLE.A.

A PERSONmarijuana THATestablishment DOESor NOTnonprofit COMPLYmedical WITHmarijuana THISdispensary SUBSECTIONmay ISengage SUBJECTin TOadvertising THEBUT CIVILMAY PENALTIESNOT ANDDO DISCIPLINARYANY ACTIONOF PRESCRIBEDTHE INFOLLOWING: THIS SECTION." Page 1, line 28, after "ADVERTISING" insert "STRAIN NAMES," Between lines 29 and 30, insert:

"E.1.

AADVERTISE BILLBOARD ADVERTISEMENT UNDER THIS SECTION MAY NOT USE ANY IMAGE OR OTHER VISUAL REPRESENTATION OF AN INDIVIDUAL CONSUMING MARIJUANA OR MARIJUANA PRODUCTS."PRODUCTS ReletterTO toINDIVIDUALS conformWHO LineARE 45,UNDER strikeTWENTY-ONE "ADVERTISE"YEARS insertOF "AUTHORIZEAGE, ADVERTISINGINCLUDING FOR"ADVERTISING: Page 2, line 23, after the period insert:

"L.";(a) WITH NAMES THAT RESEMBLE OR IMITATE FOOD OR DRINK BRANDS MARKETED TO CHILDREN.

strike(b) "subsectionWITH may"IMAGES insertOR "SECTIONLIKENESSES SHALL"OF BetweenTOYS linesOR 24CARTOONS, andINCLUDING 25,SANTA insert:CLAUS, THAT APPEAL TO INDIVIDUALS WHO ARE UNDER TWENTY-ONE YEARS OF AGE.

"Sec.(c) IN A WAY THAT PRIMARILY APPEALS TO INDIVIDUALS WHO ARE UNDER TWENTY-ONE YEARS OF AGE SUCH THAT THE ADVERTISING HAS A SPECIAL ATTRACTIVENESS TO INDIVIDUALS WHO ARE UNDER TWENTY-ONE YEARS OF AGE BEYOND GENERAL ATTRACTIVENESS FOR INDIVIDUALS WHO ARE TWENTY-ONE YEARS OF AGE OR OLDER.

ADVERTISE AT OR ON PUBLIC TRANSPORTATION SHELTERS, PUBLIC BUSES OR PUBLIC TRAINS.

3.

ADVERTISE ELECTRONICALLY VIA SOCIAL MEDIAL OR ON A WEBSITE UNLESS AT LEAST 71.6 PERCENT OF THE AUDIENCE IS EXPECTED TO BE AT LEAST TWENTY-ONE YEARS OF AGE.

B.

ALL ADVERTISING SHALL CONTAIN THE FOLLOWING CONSPICUOUS AND LEGIBLE WARNING:

"DO NOT USE MARIJUANA IF YOU ARE UNDER TWENTY-ONE YEARS OF AGE.

KEEP MARIJUANA OUT OF REACH OF CHILDREN." C.

A BILLBOARD ADVERTISEMENT UNDER THIS SECTION IS PROHIBITED WITHIN ONE THOUSAND RADIAL FEET OF ANY CHILD CARE CENTER, CHURCH, SUBSTANCE ABUSE RECOVERY FACILITY, PUBLIC PARK, PUBLIC PLAYGROUND OR PUBLIC OR PRIVATE SCHOOL THAT PROVIDES INSTRUCTION TO STUDENTS IN PRESCHOOL OR KINDERGARTEN PROGRAMS OR ANY OF GRADES ONE THROUGH TWELVE.

A PERSON IN VIOLATION OF THIS SUBSECTION, ON NOTIFICATION BY THE ATTORNEY GENERAL'S OFFICE, HAS THIRTY DAYS TO COMPLY WITH THESE REQUIREMENTS.

FOR CIRCUMSTANCES BEYOND THE CONTROL OF THE BILLBOARD OPERATOR THAT MAY PREVENT THE REMOVAL WITHIN THE PRESCRIBED TIME FRAME, THE SIGN MUST BE REMOVED AS SOON AS IT IS SAFELY AND LEGALLY POSSIBLE.

A PERSON THAT DOES NOT COMPLY WITH THIS SUBSECTION IS SUBJECT TO THE CIVIL PENALTIES AND DISCIPLINARY ACTION PRESCRIBED IN THIS SECTION.

D.

A BILLBOARD ADVERTISEMENT UNDER THIS SECTION IS PROHIBITED FROM ADVERTISING STRAIN NAMES, POTENCY OR TETRAHYDROCANNABINOL LEVELS OF THE MARIJUANA OR MARIJUANA PRODUCTS.

E.

A BILLBOARD ADVERTISEMENT UNDER THIS SECTION MAY NOT USE ANY IMAGE OR OTHER VISUAL REPRESENTATION OF AN INDIVIDUAL CONSUMING MARIJUANA OR MARIJUANA PRODUCTS.

- 1 - H.B.

2451 B.

F.

An advertising platform may host advertising only if all BOTH of the following apply:

1.

The advertising is authorized by a marijuana establishment or nonprofit medical marijuana dispensary.

2.