Cannabis advertising

AN ACT Relating to cannabis retailer advertising; and amending 1
RCW 69.50.369. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
Sec. 1. RCW 69.50.369 and 2022 c 16 s 75 are each amended to 4
read as follows: 5
(1) No licensed cannabis producer, processor, researcher, or 6
retailer may place or maintain, or cause to be placed or maintained, 7
any sign or other advertisement for a cannabis business or cannabis 8
product, including useable cannabis, cannabis concentrates, or 9
cannabis-infused product, in any form or through any medium 10
whatsoever within one thousand feet of the perimeter of a school 11
grounds, playground, recreation center or facility, child care 12
center, public park, or library, or any game arcade admission ((to 13
which is not restricted to persons aged twenty-one years or older )) 14
that allows admittance of persons under the age of 21.15
(2)(a) Except for the use of trade name signs and billboards as 16
authorized under this section, licensed cannabis retailers may not 17
display any cannabis-related advertising signage ((outside of )) on 18
the licensed premises, other than ((two signs identifying the retail 19
outlet by the licensee's business or trade name, stating the location 20
S-0457.1
SENATE BILL 5206
State of Washington 69th Legislature 2025 Regular Session
By Senators MacEwen, Gildon, and Stanford
Prefiled 01/09/25. Read first time 01/13/25. Referred to Committee
on Labor & Commerce.
p. 1 SB 5206
of the business, and identifying the nature of the business )) four 1
signs affixed to the building of the licensed location.2
(b) Each advertisement sign must be no larger than one thousand 3
six hundred square inches and be ((permanently affixed to a building 4
or other structure)):5
(i) Affixed on the building of the licensed location; or6
(ii) Hanging in the windows of the licensed location.7
(c)(i) Any advertising signs that are visible to the public from 8
the public right-of-way, whether on the building or through a window 9
of the building, will be considered advertising for the purposes of 10
this section.11
(ii) Signs that are less than 512 square inches are not 12
considered advertising for purposes of this section if the sign does 13
not include any brand names, trade names, or images of any cannabis 14
product and only indicates information including, but not limited to:15
(A) Hours of operation;16
(B) Business is open or closed;17
(C) The presence of an ATM machine;18
(D) The word "welcome";19
(E) Required signs or notices; and20
(F) Community notices.21
(3)(a) In addition to the four signs described in subsection (2) 22
of this section, licensed businesses may use separate trade name 23
signs.24
(b) Trade name signs must comply with local authority regulations 25
related to the size and number of signs for the city, town, or county 26
in which the licensed cannabis retailer is located. The enforcement 27
of the size and number of trade name signs and billboards is the 28
responsibility of the city, town, or county in which the licensed 29
cannabis retailer is located.30
(c) Trade name signs may only reflect the trade name of the 31
licensed business and may not contain cannabis products or product 32
brand names.33
(4) All signage, advertising, and billboard content is prohibited 34
if the content portrays:35
(a) Alcohol or its use;36
(b) Tobacco or nicotine or its use; or37
(c) Any association with a motor vehicle or operation of a motor 38
vehicle.39
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(5) Any cannabis-related advertising in any business licensed by 1
the board under chapter 70.345, 82.24, or 82.26 RCW is prohibited.2
(6) The location and content of the retail cannabis signs 3
authorized under ((this)) subsection (2) of this section are subject 4
to all other requirements and restrictions established in this 5
section for indoor signs, outdoor signs, and other cannabis-related 6
advertising methods. 7
(((3))) (7) Nothing in this section prohibits the use of other 8
signage that does not represent cannabis or cannabis products, the 9
business trade name, nature of the business, or contains only general 10
information not related to the products or services of the cannabis 11
business.12
(8) A cannabis licensee may not utilize transit advertisements 13
for the purpose of advertising its business or product line. 14
(("Transit advertisements" means advertising on or within private or 15
public vehicles and all advertisements placed at, on, or within any 16
bus stop, taxi stand, transportation waiting area, train station, 17
airport, or any similar transit-related location.18
(4))) (9) A cannabis licensee may not engage in advertising or 19
other marketing practice that specifically targets persons residing 20
outside of the state of Washington. 21
(((5) All signs, billboards, or other print advertising )) (10) 22
Any advertisement for a cannabis ((businesses)) business or cannabis 23
products, regardless of the form of medium used, must contain text 24
((stating that cannabis products may be purchased or possessed only 25
by persons twenty-one )) indicating that only persons 21 years of age 26
or older may purchase or possess cannabis products. The text must be 27
of a reasonable size to be easily read by consumers. This subsection 28
does not apply to trade name signs. 29
(((6))) (11) A cannabis licensee may not: 30
(a) Take any action, directly or indirectly, to target youth in 31
the advertising, promotion, or marketing of cannabis and cannabis 32
products, or take any action the primary purpose of which is to 33
initiate, maintain, or increase the incidence of youth use of 34
cannabis or cannabis products; 35
(b) Use objects such as toys or inflatables, movie or cartoon 36
characters, or any other depiction or image likely to be appealing to 37
((youth)) persons under 21 years of age , where such objects, images, 38
or depictions indicate an intent to cause youth to become interested 39
in the purchase or consumption of cannabis products; ((or))40
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(c) Use or employ a commercial mascot outside of, and in 1
proximity to, a licensed cannabis business ((. A "commercial mascot" 2
means live human being, animal, or mechanical device used for 3
attracting the attention of motorists and passersby so as to make 4
them aware of cannabis products or the presence of a cannabis 5
business. Commercial mascots include, but are not limited to, 6
inflatable tube displays, persons in costume, or wearing, holding, or 7
spinning a sign with a cannabis-related commercial message or image, 8
where the intent is to draw attention to a cannabis business or its 9
products.10
(7))); or11
(d) Advertise, offer for sale, or sell cannabis at less than 12
acquisition cost. This subsection does not apply to any sales made 13
for a product designated for medical cannabis use by qualifying 14
patients as defined in RCW 69.51A.010.15
(12) A cannabis licensee that engages in outdoor advertising is 16
subject to the advertising requirements and restrictions set forth in 17
this subsection (((7))) and elsewhere in this chapter.18
(a) All outdoor advertising signs, including billboards, are 19
limited to text that identifies the retail outlet by the licensee's 20
business or trade name, states the location of the business, and 21
identifies the type or nature of the business. Such signs may not 22
contain any depictions of cannabis plants, cannabis products, or 23
images that might be appealing to children. The board is granted 24
rule-making authority to regulate the text and images that are 25
permissible on outdoor advertising. Such rule making must be 26
consistent with other administrative rules generally applicable to 27
the advertising of cannabis businesses and products.28
(b) Outdoor advertising is prohibited: 29
(i) On signs and placards in arenas, stadiums, shopping malls, 30
fairs that receive state allocations, farmers markets, and video game 31
arcades, whether any of the foregoing are open air or enclosed, but 32
not including any such sign or placard located in ((an adult only 33
facility)) an age-restricted area classified by the board as off-34
limits to persons under 21 years of age; and 35
(ii) Billboards that are visible from any street, road, highway, 36
right-of-way, or public parking area are prohibited, except as 37
provided in (c) of this subsection. 38
(c) Licensed retail outlets may use a billboard or outdoor sign 39
solely for the purpose of identifying the name of the business, the 40
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nature of the business, and providing the public with directional 1
information to the licensed retail outlet. Billboard advertising is 2
subject to the same requirements and restrictions as set forth in (a) 3
of this subsection. 4
(d) Advertising signs within the premises of a retail cannabis 5
business outlet that are clearly visible to the public from outside 6
the premises must meet the signage regulations and requirements 7
applicable to outdoor signs as set forth in this section.8
(e) The restrictions and regulations applicable to outdoor 9
advertising under this section are not applicable to:10
(i) An advertisement inside a licensed retail establishment that 11
sells cannabis products that is not placed on the inside surface of a 12
window facing outward; or 13
(ii) An outdoor advertisement at the site of an event to be held 14
((at an adult only facility )) in an area classified by the board as 15
off-limits to persons under 21 years of age that is placed at such 16
site during the period the facility or enclosed area ((constitutes an 17
adult only facility )) is classified as age-restricted by the board , 18
but in no event more than fourteen days before the event, and that 19
does not advertise any cannabis product other than by using a brand 20
name to identify the event. 21
(((8) Merchandising)) (13) Placement of products within a retail 22
outlet is not advertising for the purposes of this section.23
(((9))) (14) This section does not apply to a noncommercial 24
message. 25
(15) "Adopt-a-Highway" signs erected by the Washington state 26
department of transportation under a current valid sponsorship with 27
the department of transportation are not considered advertising for 28
the purposes of this section.29
(((10))) (16)(a) The board must: 30
(i) Adopt rules implementing this section and specifically 31
including provisions regulating the billboards and outdoor signs 32
authorized under this section; and 33
(ii) Fine a licensee one thousand dollars for each violation of 34
this section until the board adopts rules prescribing penalties for 35
violations of this section. The rules must establish escalating 36
penalties including fines and up to suspension or revocation of a 37
cannabis license for subsequent violations. 38
(b) Fines collected under this subsection must be deposited into 39
the dedicated cannabis account created under RCW 69.50.530.40
p. 5 SB 5206
(((11))) (17) A city, town, or county may adopt rules of outdoor 1
advertising by licensed cannabis retailers that are more restrictive 2
than the advertising restrictions imposed under this chapter. 3
Enforcement of restrictions to advertising by a city, town, or county 4
is the responsibility of the city, town, or county.5
(18) The definitions in this subsection apply throughout this 6
section unless the context clearly requires otherwise.7
(a) "Commercial mascot" means a live human being, animal, or 8
mechanical device used for attracting the attention of motorists and 9
passersby so as to make them aware of cannabis products or the 10
presence of a cannabis business. Commercial mascots include, but are 11
not limited to, inflatable tube displays, persons in costume, or 12
wearing, holding, or spinning a sign with a cannabis-related 13
commercial message or image, where the intent is to draw attention to 14
a cannabis business or its products.15
(b) "Trade name" means the name as it appears on the license 16
issued to the licensee.17
(c) "Transit advertisements" means advertising on or within 18
private or public vehicles and all advertisements placed at, on, or 19
within any bus stop, taxi stand, transportation waiting area, train 20
station, airport, or any similar transit-related location.21
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