Medical cannabis dispensaries shall comply with the advertising
and marketing regulations contained in Part 113 of Title 9 of the
New York Codes, Rules and Regulations, as the regulations may be amended
from time to time, which shall include, but not be limited to, the
following:
A. All physical structures owned, leased or otherwise utilized by a
registered organization, including any dispensing facility, shall:
(1)
Not advertise medical cannabis brand names or utilize graphics
related to cannabis or paraphernalia associated with cannabis on the
exterior of the physical structures; and
(2)
Not display medical cannabis products and paraphernalia associated
with cannabis so as to be clearly visible from the exterior of a physical
structure.
B. All restrictions listed in Subsection
A of this section shall apply to any item located on any real property on which a medical cannabis dispensary's physical structure or structures is or are located.
C. All restrictions listed in Subsection
A of this section shall apply to all vehicles owned, leased or utilized by medical cannabis dispensary or its owner or operator.
D. An advertisement for any cannabis product shall not:
(1)
Depict medical cannabis not otherwise permitted by Section 113.12
of Title 9 of the New York Codes, Rules and Regulations or paraphernalia;
(2)
Use or display images designed in any manner to be attractive
to individuals under 21;
(3)
Use audio that may be attractive to individuals under 21, including
but not limited to using children's voices or cartoon voices;
(4)
Be on or in the form of a billboard;
(5)
Use or display colloquial references to marijuana and cannabis
or depictions or digital images or icons, whether animated or static,
of cannabis, cannabis products, medical cannabis products, paraphernalia,
or the imagery or action of smoking or vaping, including but not limed
to stoner, chronic, weed, pot, or sticky buds;
(6)
Assert that medical cannabis or medical cannabis products are
safe or effective because they are regulated by the Cannabis Control
Board or Office of Cannabis Management;
(7)
Permit the use of their trademarks, brands, names, locations,
or other distinguishing characteristics for third-party use on advertising
in a manner that does not comply with this article or any other statute,
rule or regulation;
(8)
Contain any statement, design, representation, picture or illustration
relate to the safety or efficacy of medical cannabis, unless supported
by substantial evidence or substantial clinical data which shall be
referenced in the advertisement and provided to the office upon request;
(9)
Contain favorable information or opinions about a medical cannabis
product previously regarded as valid but which have been rendered
invalid by contrary and more credible recent information;
(10)
Use a quote or paraphrase out of context or without citing conflicting
information from the same source, to convey false or misleading idea;
(11)
Contain favorable information or conclusions from a study that
is inadequate in design, scope, or conduct to furnish significant
support for such information or conclusions;
(12)
Use data favorable to a medical cannabis product derived from
patients treated with a different product or form;
(13)
Disparage cannabis or medical cannabis products from another
registered organization or licensed entity;
(14)
Fail to provide adequate emphasis for the fact that two or more
facing pages are part of the same advertisement when only one page
contains information, relating to side effects, consequences and contraindications;
(15)
Disseminate any advertisement if the registered organization
has received information that has not been widely publicized in medical
literature that the use of any medical cannabis product may cause
fatalities or serious damage to patient;
(16)
Correct false or misleading information in any part of the advertisement
by including a true statement in another distinct part of the advertisement;
(18)
Contain any statement, design, representation, picture or illustration
that encourages or represents the use of medical cannabis that does
not comport with Article 3 of the Cannabis Law or promotes overconsumption;
(19)
Falsely portray medical cannabis or cannabis products as being
in compliance with Articles 4 and 5 of the Cannabis Law;
(20)
Contain any statement that indicates or implies that the product
or entity in the advertisement has been approved or endorsed by any
Village of Valley Stream or New York State employee or any person
or entity associated with the Village of Valley Stream or New York
State, provided that this shall not preclude a factual statement that
an entity is a registered organization;
(21)
Encourage the transportation of medical cannabis across state
lines or otherwise encourage illegal activity;
(22)
Contain an offer or a prize, award or inducement to a certified
patient, designated caregiver or practitioner related to the purchase
of a medical cannabis product or a certification for the use of medical
cannabis; provided, however, that, this shall not be construed as
to prohibit a registered organization from offering discounts or a
discount program to certified patients and designated caregivers,
for the purchase of medical cannabis products;
(23)
Advertise through marketing of free promotional items, including,
but not limited to, gifts, giveaways, except for the provision of
branded exit packages or items that assist with public safety efforts,
such as a lock box or safety storage bag which may be provided by
a registered organization for the benefit of certified patients;
(24)
Produce any item for sale or promotional gifts, such as T-shirts
or novelty items, bearing a symbol of or references to medical cannabis.
This prohibition shall not pertain to cannabis paraphernalia sold
to certified patients or designated caregivers;
(25)
Depict a child or other person under the age of 21 or reasonably
appears to be under the age of 21. Talent portrayed in medical cannabis
advertising should be a minimum of 25 years old, substantiated by
proper identification, and an actual certified patient, designated
caregiver or health care practitioner and not a model or actor;
(26)
Contain any obscene or indecent statement, design, or representation,
picture, or illustration;
(27)
Be within or be readily observed within 500 feet of an elementary
or secondary school grounds a defined in the Education Law, recreation
center or facility, childcare center, playground, public park, or
library;
(28)
Be on or through handbills that are passed out in public areas,
including but not limited to parking lot and publicly owned property;
(29)
Utilize unsolicited pop-up or banner advertising on the internet
other than on age-restricted websites for people 21 and over who consent
to view cannabis-related material notwithstanding a certified patient
or designated caregiver who is at least 18 years of age and visiting
the website to purchase medical cannabis;
(30)
Cooperate, directly or indirectly, in any advertising if such
advertising has the purpose or effect of steering or influencing patient
or caregiver choice with regard to the selection of a practitioner.
Nothing contained within this section prevents a registered organization
from educating practitioners about medical cannabis products offered
by the registered organization; or
(31)
Violates any additional prohibitions determined by the Board
of Trustees, Board of Zoning Appeals and/or Building Department, Code
Enforcement.
The provisions of this Article
XXXIIIA do not waive or modify any other provision of this chapter with which medical cannabis dispensaries are required to comply. Nothing in this Article
XXXIIIA is intended to authorize, legalize or permit the establishment, operation or maintenance of any facility, buildings or use, which violates the provisions of this chapter, any other chapter of the Village Code or any provisions of applicable law.
If any section, paragraph, subdivision or provision of this
article shall be adjudged invalid or held unconstitutional, the same
shall not affect the validity of this article as a whole or any part
or provision thereof, other than the part so decided to be invalid
or unconstitutional.