(a) It shall be unlawful for any licensee to use any logo, trademark, trade name, signs, label, packaging or advertising using the word “marijuana,” “cannabis,” any alternative spelling or abbreviation of the same, any slang term for the same commonly understood as referring to marijuana, any image of a cannabis leaf, or any depiction of any paraphernalia or other image commonly understood as referring to marijuana, unless such word or phrase is each and every time immediately preceded by the word “medical” and provided that all words are the same size, style and font. This restriction is intended to apply to any and all signage associated with the licensed premises, any and all advertising, in whatever format, for the licensed premises and any and all representations of the licensed premises to the public. Furthermore, to comply with provisions of Colorado law found at § 12-43.3-901(4), C.R.S., wherein it is
“unlawful for any person licensed to sell medical marijuana pursuant to this article: (b) To use advertising material that is misleading, deceptive, or false, or that is designed to appeal to minors” it shall be unlawful for any licensee to refer to medical marijuana infused products by solely referencing or describing or depicting by picture or image the type of infused products such as, but not limited to, ice cream, yogurt, truffles, candy, soda, caramels, juice or brownies. Each and every reference to such medical marijuana infused products each and every time must also include the word “marijuana” or phrase commonly understood as referring to marijuana and immediately preceded by the word “medical” subject to the same size, style and font.
(b) Nothing contained in this Section shall be construed as creating a prior restraint on speech or press. The Authority shall not require an applicant or licensee to obtain any approval or license from the Authority before using any logo, trademark, trade name, label, packaging or advertising. Nothing contained in this subsection shall prevent the Town from taking civil, administrative or criminal action against any person or license after any logo, trademark, trade name, label, packaging or advertising has been used.
(c) Any court of competent jurisdiction construing or applying this Section shall seek a saving construction and application that make the Section constitutional. In the event that any court of competent jurisdiction determines that any provision in this Section violates any right that any person may have to free speech or press, despite the Court’s saving construction and application, the court shall strike this Section only and sever the same from the remainder of this Article, which shall remain valid and effective without this Section. (Ord. 1348, 2011; Ord. 1463 §4, 2018)