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HB 1377

Cannabis - Advertising - Prohibited Locations (Equity in Cannabis Advertising Act)

2025 Regular Session Introduced by Marlon Amprey

The bill tightens cannabis ad rules by banning minor-targeting content, replaces a broad outdoor ban with proximity limits to youth sites, and adds a voluntary MCA advisory opinion

Hearing 2/25 at 1:00 p.m.
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Bill Summary · HB 1377

HB 1377 — Cannabis – Advertising – Prohibited Locations (Equity in Cannabis Advertising Act)

Status: Hearing scheduled 2/25 at 1:00 p.m. (Economic Matters)
Introduced: February 7, 2025 (Delegate Amprey) — Bill text sets effective date: October 1, 2025
Companions: SB 129, SB 386

Purpose / Intent

To tighten and clarify restrictions on advertising by licensed cannabis businesses, reduce advertising formats and content likely to appeal to minors, and create a voluntary advisory review process at the Maryland Cannabis Administration (MCA) so licensees can obtain a compliance opinion before running advertisements.

Key provisions

  • Content restrictions (expands current prohibitions):
    • Prohibits advertisements that contain designs/illustrations/pictures/representations that target or are attractive to minors, including specifically:
    • Resemblances to trademarked or characteristic packaging of commercially available candy, snacks, baked goods, or beverages;
    • Images of food, candy, baked goods, cereal, fruit, beverages, or the words “candy” / “candies”;
    • Images, graphics, or features popularly used to advertise to children (e.g., cartoons, animals, neon colors, celebrities, mascots, or child-directed phrases);
    • Any other depiction commonly used to market to minors.
    • Prohibits advertisements that
    • Make claims regarding health or physical benefits to the consumer unless compliant with existing requirements (e.g., supported by competent scientific evidence);
    • Contain false or misleading statements;
    • Are obscene or display cannabis consumption.
  • Location restrictions (replaces prior blanket outdoor ban):
    • Repeals the prior statewide prohibition on outdoor/publicly visible ads (e.g., billboards, posters).
    • Instead prohibits placing advertisements within 500 feet of:
    • Substance use treatment facilities;
    • Primary or secondary schools;
    • Licensed child care centers or registered family child care homes;
    • Playgrounds, recreational centers, libraries, or public parks.
  • Advisory opinion process:
    • A cannabis licensee may submit an advertisement (in a prescribed form) to MCA for an advisory opinion on statutory compliance.
    • MCA must review and provide the licensee an advisory opinion within 30 days of receipt.
  • Other existing advertising rules remain in force (e.g., age gating, prohibition on targeting under‑21 audiences, the 85% audience composition requirement for certain media, and existing consumer protection standards).
  • MCA required to adopt enforcement procedures by regulation.

Who is affected

  • Cannabis licensees, advertisers, marketing firms, and third parties producing ads for cannabis businesses.
  • Maryland Cannabis Administration (additional administrative review workload).
  • Local governments: fiscal note anticipates changes in sales & use tax distribution that reduce local revenues (see fiscal impacts).
  • Small businesses in the cannabis sector: potential meaningful compliance costs and changes in permissible advertising options.

Fiscal & enforcement notes

  • Fiscal note (Department of Legislative Services): MCA special fund expenditures increase by an estimated $172,200 in FY2026 (annualized in later years); special fund revenues increase to cover MCA costs. The distribution of sales & use tax revenue available for general fund and other allocations decreases, producing projected decreases in general fund and local revenues (specific yearly amounts provided in the fiscal note).
  • Existing civil penalties under COMAR/statute for advertising violations remain (e.g., graduated fines for repeat violations).

Timing / Procedure

  • Hearing: 2/25 at 1:00 p.m. (Economic Matters)
  • If enacted, the bill sets an effective date of October 1, 2025.

Compiled from official sources — confirm details with the bill’s official record.

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