Enforcement Bulletin: Advertising at events within 1,000' of prohibited areas

Marijuana Producers, Processors and Retailers

Bulletin No 19-01

Date:               April 17, 2019

To:                  Industry Members

From:              Matt McCallum, Enforcement Advertising Coordinator

Subject:          Advertising at events within 1,000 feet of prohibited areas

As summer approaches and events are ramping up, we are getting multiple inquiries regarding RCW 69.50.369 and WAC 314-55-155 with regard to advertising.

RCW 69.50.369(1) provides that: No licensed marijuana producer, processor, researcher, or retailer may place or maintain, or cause to be placed or maintained, any sign or other advertisement for a marijuana business or marijuana product, including useable marijuana, marijuana concentrates, or marijuana-infused product, in any form or through any medium whatsoever within one thousand feet of the perimeter of a school grounds, playground, recreation center or facility, child care center, public park, or library, or any game arcade admission to which is not restricted to persons aged twenty-one years or older.

What does this mean for licensees? 

This means that a marijuana licensee in the state of Washington cannot have any sign or advertisement at any event, if the event is located at or within 1,000 feet of one of the listed restricted areas.  It also means that they cannot indirectly have the signs or advertisements for marijuana businesses or products.  Licensees are also prohibited from directly or indirectly having any marijuana products at these events.

Please note that even if the event organizer received a local permit to use an area within restricted areas for an event, the location remains restricted and does not exempt licensees.  Licensees may attend  these events or have a non-commercial sign as long as the licensee and/or the message does not reference or otherwise promote a marijuana licensed business or its products.

Are there any exceptions?

Yes, RCW 69.50.369(7)(e)(ii) provides: The restrictions and regulations applicable to outdoor advertising under this section are not applicable to: (ii) An outdoor advertisement at the site of an event to be held at an adult only facility that is placed at such site during the period the facility or enclosed area constitutes an adult only facility, but in no event more than fourteen days before the event, and that does not advertise any marijuana product other than by using a brand name to identify the event.   Please note that WAC 314-55-177(2)(d) adds on to this and restricts advertising at these events from being visible from outside the adult only facility.

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