According to the Maine Office of Marijuana Policy, a south Portland cannabis seller’s mermaid logo is against the rules.

SeaWeed’s use of a mermaid image goes against the rules that were designed to inhibit underage use.

SeaWeed is one of the state’s first adult-use marijuana stores and is owned by Scott Howard, who had wanted to make a logo that encompassed the city’s local roots and the Maine seaside.

Howard is facing a $10,000 fine for his mermaid logo which has been described as a “willful use of a prohibited image.”

State officials are arguing that the SeaWeed Co. logo violates rules against using images of people or animals to sell cannabis products.

According to the rules for the state’s newly opened adult use program, packages or labeling depicting humans, animals or fruit are prohibited, as are packages or labels that would “reasonably” appear to target or appeal to anyone under the age of 21.

The rules also prohibit advertising or marketing of cannabis products “that is attractive to persons under 21 years of age … including images and items commonly marketed toward individuals under 21 years of age.”

Vernon Malloch, compliance director for the Office of Marijuana Policy, told Howard last month that it “is generally known that mermaids are featured in a number of stories, movies, toys, costumes and other popular culture items and marketing aimed at young children and teenagers, and so images of mermaids have inherent and particular appeal to individuals under 21 years of age.”

Howard and Hannah King, an attorney with the law firm Drummond Woodsum, were previously made aware that the Office of Marijuana Policy did not approve of the logo.

SeaWeed’s lawyer last summer said the logo “does not run afoul of the adult-use marijuana packaging and labeling laws,” and a request that the department find the rules “do not prohibit in any way, SeaWeed from utilizing the mermaid logo … on any and all adult-use marijuana packaging labeling, marketing and advertising.”

The Office of Marijuana Policy has ordered Howard to “immediately halt” the use of the mermaid logo on any adult-use marijuana products, labels, packaging, website or marketing materials. Howard has 120 days to pay the fine, according to the notice.

“(Heinrici) stated that the action would effectively shut down SeaWeed’s business operations … because most inventory at the store at that time was within the scope of the administrative hold,” according to a notice.

Howard has stated that SeaWeed’s “main objective is to make sure that our audience is 21-plus” and argued that the department’s rules are “vague and open to interpretation.”

 


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