64ER25-6. MMTC Advertising and Marketing

(1) For the purposes of this rule, the following definitions apply: (a) “Advertisement” means all representations made in any manner or by any means for the purpose of attracting attention to, or promoting, an MMTC, or which are intended to promote, directly or indirectly, the sale or use of usable products or marijuana delivery devices. As used in this rule, the terms “advertisement” and “advertise” have the same meaning. (b) “Celebrity” means a person who is famous or well known in the areas of entertainment, movies, television, music, writing, sports, politics, or social media. (c) “Influencer” means a person with a social media following on one or more social media platforms who has an agreement, contractual obligation, or other economic incentive to advertise or market on behalf of the MMTC. “Influencer” also includes computer-generated characters with a social media following on one or more social media platforms who advertise or market on behalf of the MMTC. (d) “Marketing” means the act or process of promoting an MMTC or promoting the sale or use of usable products or marijuana delivery devices including, without limitation, the distribution or sale of promotional merchandise. As used in this rule, the terms “marketing” and “market” have the same meaning. (e) “Mobile application” means a software program designed to be downloaded and operated on mobile devices. (f) “Recreational use” means use of marijuana for recreation or enjoyment rather than to treat or mitigate a qualifying medical condition as provided in section 381.986, F.S. (g) “Signage” means any device, structure, fixture, painting, or visual image using words, graphics, symbols, numbers, or letters for the purpose of conveying information or attracting attention. As used in this rule, the terms “signage” and “sign” have the same meaning. (h) “Social media” means interactive computer-mediated technology that facilitates the creation or sharing of information, ideas, and other forms of expression through virtual communities and networks (e.g., Facebook, X, Instagram, YouTube, TikTok). (i) “Website” means a group of webpages made available online through the internet. (2) Permissible Advertisements and Marketing. An MMTC may advertise and market only as follows: (a) Signage as set forth in subsection (4); (b) Inside the MMTC’s dispensing facility as set forth in subsection (5); and (c) On the internet as set forth in subsection (6). No other advertisements or marketing are permitted. (3) Advertising and Marketing Content. An MMTC shall not include any content in advertisements or marketing that: (a) Is false, misleading, or deceptive; (b) States or implies that a usable product cures any medical condition; (c) States or implies that a usable product is intended for recreational use; (d) Promotes, encourages, or depicts the recreational use of marijuana; (e) States or implies that a usable product is intended for use for any condition other than a qualifying medical condition enumerated under section 381.986(2), F.S.; (f) States or implies that a usable product is intended for use by any person other than a qualified patient; (g) States or implies that a usable product can be administered through an unapproved route of administration; (h) Depicts usable products, receptacles, packages, or product names that have not been approved by the department; (i) Depicts marijuana consumption; (j) Depicts marijuana or usable product in a social or recreational setting; (k) Depicts or uses celebrities or influencers; (l) Promotes or encourages excessive or rapid marijuana consumption; (m) Depicts usable whole flower marijuana. However, an MMTC may have photos or illustrations of usable whole flower marijuana as a product listing on its department-approved website; (n) Depicts or contains childlike images or fonts, or misspellings (e.g., “kool” or “froot loops”); (o) Is attractive to children, as defined in section 381.986(1), F.S.; (p) States, promotes, or implies the availability of products for purchase from out-of-state sources or another MMTC; or (q) States, promotes, or implies the availability of usable products or marijuana delivery devices that have not been approved by the department. (4) Signage. An MMTC may display signage outside of its dispensing facilities only as follows: (a) One sign that is either directly affixed to the outside of the dispensing facility or hanging on a window of the dispensing facility. The sign shall not extend past one single exterior side of the building or be exhibited on more than one side of the building. The information included on the sign shall be restricted to the following: 1. The MMTC’s department-approved trade name; 2. One department-approved logo in the color and format approved by the department; and 3. The words “Medical Marijuana Treatment Center,” “MMTC,” “Cannabis Dispensary,” or any combination thereof. (b) One sign that is not directly affixed to the dispensing facility (e.g., a joint tenant sign or similar free-standing sign). The information included on the sign shall be restricted to the content specified in paragraph (4)(a). A double-sided sign is permissible. (c) One informational sign that does not exceed 4 square feet and is affixed or immediately adjacent to the entrance of the MMTC’s dispensing facility containing only: 1. The MMTC’s days and hours of operation; 2. The MMTC’s department-approved trade name; 3. The MMTC’s phone number; 4. The URL address for the MMTC’s department-approved website; and 5. One department-approved logo in the color and format approved by the department. (d) Instructional signage (e.g., signs with instructions for parking, deliveries). The instructional signage shall only include the instructions and the words “medical marijuana treatment center,” “MMTC,” “Cannabis Dispensary,” or any combination thereof. Instructional signage must be white with black lettering and no larger than 4 square feet. Further, instructional signage shall not have anything affixed to it (e.g., balloons). (e) An MMTC may only illuminate the dispensing facility and any sign permitted under this subsection in white or yellow light. (5) Advertising and Marketing Inside the MMTC Dispensing Facility. (a) Advertising and marketing inside the MMTC’s dispensing facility shall not be visible to the public from outside of the MMTC dispensing facility. Additionally, marijuana, usable products, receptacles, packages, and marijuana delivery devices shall not be visible to the public from outside of the MMTC’s dispensing facility. (b) Advertisements or marketing in the form of a brochure or other printed literature that complies with subsection (3) may be distributed to qualified patients or caregivers inside of the MMTC’s dispensing facility upon the dispensation of usable product or a marijuana delivery device. (c) Advertisements or marketing in the form of brochures or other printed literature must contain the following notices in plain lettering in minimum 12-point font size: 1. Marijuana may have intoxicating effects and may be habit-forming; 2. Do not operate a vehicle or heavy machinery when under the influence of marijuana; 3. Smoking marijuana may be hazardous to your health; 4. Use of marijuana while pregnant or breastfeeding may harm you and your baby; and 5. Keep marijuana away from children and pets. (6) Internet Advertising and Marketing. (a) Permissible Forms of Internet Advertising and Marketing. An MMTC may advertise and market on the internet only as follows: 1. On the MMTC’s department-registered social media account(s); 2. On the MMTC’s department-approved website; 3. Using sponsored, paid, or targeted internet advertisements; 4. Opt-in email solicitations to qualified patients and caregivers that include an easy and permanent opt-out feature; and 5. On the MMTC’s department-approved mobile application. (b) MMTC Department-Registered Social Media Accounts. 1. An MMTC must register all social media accounts by submitting a completed Form DH5064-OMMU-12/2025 (Eff. 12/2025), “Medical Marijuana Treatment Center Registration of Social Media Account,” incorporated by reference herein and available at https://knowthefactsmmj.com/rules-and-regulations/, to the department through the department’s licensing portal at https://fldohommu.force.com/mmtc. 2. An MMTC does not need to request the department’s approval prior to posting content on its department-registered social media accounts. However, an MMTC must ensure that all social media posts comply with subsection (3). (c) MMTC Sponsored, Paid, or Targeted Internet Advertisements. An MMTC may advertise or market using sponsored, paid, or targeted advertisements on the internet, including social media, only as follows: 1. An MMTC must obtain prior approval of the sponsored, paid, or targeted advertisement pursuant to Rule 64-4.023, F.A.C. 2. An MMTC may only use sponsored, paid, or targeted advertisements on platforms that allow the MMTC to select the age group of the target audience for the advertisement. 3. An MMTC must not select any users under the age of 18 as the target audience for such advertisements. The MMTC must provide documentation evidencing compliance with this subparagraph within 72-hours of written notice from the department. 4. If the department determines the MMTC failed to obtain prior approval of a sponsored, paid, or targeted advertisement, the MMTC shall, upon written notice from the department, remove the advertisement in question. (d) MMTC Website Advertising and Marketing. 1. An MMTC must obtain department approval of its website pursuant to the MMTC Website and Website Purchasing rule. An MMTC does not need to request the department’s approval prior to posting content on its department-approved website. However, an MMTC must ensure that all website content complies with subsection (3). 2. The homepage of an MMTC’s department-approved website must contain the notices required in paragraph (5)(c). 3. Depictions of usable products and packaging on an MMTC’s department-approved website must match the appearance of the usable products and packaging that are dispensed to qualified patients and caregivers. (e) MMTC Email Solicitations. 1. An MMTC does not need to request the department’s approval prior to sending opt-in email advertisements or marketing. However, an MMTC must ensure that all email solicitations comply with this rule and section 381.986, F.S. MMTCs are required to provide copies of email solicitations to the department upon request. 2. Email solicitations that advertise or market usable product must contain the notices required in paragraph (5)(c). (f) MMTC Mobile Applications. 1. An MMTC must obtain prior approval of its mobile application pursuant to Rule 64-4.023, F.A.C. The MMTC must ensure the department has full and complete access to the mobile application accessible to qualified patients and caregivers. 2. An MMTC does not need to request the department’s approval prior to posting content on its department-approved mobile application. However, an MMTC must ensure that all content complies with subsection (3). 3. The mobile application must not have any functionality that allows for reservation or purchasing of usable products or marijuana delivery devices. (7) An MMTC shall not contract with, or otherwise authorize, a third party to advertise or market the MMTC or the MMTC’s usable products or marijuana delivery devices in a manner that violates this rule. (8) Violations of this rule may result in disciplinary action pursuant section 381.986(10), F.S., and Rule 64-4.210, F.A.C. (9) An MMTC has 90 days from the effective date of this emergency rule to discontinue use of previously approved advertisements or marketing that do not comply with the requirements contained herein.