OMMPOS Blog - OARs

INFORMATION BULLETIN 2016-24 

August 12, 2016  

To:  Medical Marijuana Dispensaries, Processors, and Interested Parties 

From:   Oregon Medical Marijuana Program 

Subject:  Advertising Requirements and Restrictions  

The Oregon Medical Marijuana Program (OMMP) would like to inform all dispensaries, processors, growers and interested parties of advertising requirements and restrictions. These rules apply to all forms of advertising. Rules regarding advertising may be found under OAR 333-008-2070. http://www.healthoregon.org/ommprules  

All advertising by a registrant must include the following statements:

• Do not operate a vehicle or machinery under the influence of marijuana. 
• Keep marijuana out of the reach of children.  

 A registrant may not have advertising that:

•  Contains statements that are deceptive, false, or misleading. 
•  Contains any content that can reasonably be considered to target minors;
•  This includes but is not limited to using cartoon characters, toys, or similar images and items typically marketed towards minors in the advertisement. 
•  Specifically encourages the transportation of marijuana items across state lines. 
•  Assert that marijuana items are safe or safer for reasons including but not limited to because they are regulated by the Authority or have been tested by a certified laboratory. 
• Make claims that a marijuana item has curative or therapeutic effects unless the claim is supported by the totality of publicly available scientific evidence (including evidence from well-designed studies conducted in a manner consistent with generally recognized scientific procedures and principles) and for which there is significant scientific agreement among experts qualified by scientific training and experience to evaluate such claims; 
• This includes explicit or suggested claims related to a disease or condition. Examples are “relieves symptoms of depression” or “cures cancer”.
• Unsubstantiated health claims cannot be used as part of a company’s business name.  
•  Show consumption of marijuana items. 

A registrant may not make any deceptive, false, or misleading assertions or statements on any product, any sign, or any document provided to a patient, caregiver, or to an individual.  

If a registrant is found to be in violation of any of the advertising rules, OMMP will notify the registrant and specify a reasonable time period for the registrant to remove any sign, display or advertisement. If the sign, display or advertisement is not removed or an advertising issue continues, the registrant will be issued civil penalties of up to $500 a day or may have their registration suspended.

Source: https://content.govdelivery.com/attachments/ORDHS/2016/08/12/file_attachments/602345/Informational%2BBulletin%2B2016-24%2BAdvertising%2BRequirements%2Band%2BRestrictions.pdf

All products sold from your dispensary have to have labels compliant with OAR 333-007-0010 to 333-007-0110. The OLCC requires non-generic labels (labels containing your company logo) to be pre-approved before you can use them on your products. OMMPOS produces generic labels that do not require OLCC pre-approval and are automatically complaiant. Use OMMPOS to produce compliant labels with both OHA and OLCC regulations automatically.

Read more: https://services.oregon.gov/olcc/marijuana/Documents/Packaging_Labeling_Presentation.pdf

The OLCC has rules regarding labels. Custom product labels have to be approved by the OLCC. OMMPOS uses generic labels that do not require pre-approval from the OLCC. Use OMMPOS.com for easy compliant labels.

The OLCC has released the offical Recreational Marijuana Rules. See details below.

Oregon's Recreational Marijuana Rules, OAR 845 - Division 25, effective June 30, 2016, are now available on OLCC's website.

OAR 845 - Division 25