What constitutes a cartoon?

The answer to that question was a significant factor in Rhode Island cannabis regulators ruling a cultivating business violated the state’s marijuana advertising law.

Last fall, five billboards advertising Hank’s Herbs included a caricature-type image of the business’ owner, Henry Ritchotte, wearing sunglasses and holding what appears to be a wrestling or boxing championship belt, according to the Cannabis Control Commission decision.

Hank’s Herbs is a licensed cannabis grow operation in Exeter.

Its products are carried at licensed dispensaries, according to its website.

Rhode Island rules for advertising legal cannabis include the prohibition of the “use of symbols wording or fonts that could be attractive to children, including but not limited to the use of animal characters, toys, cartoon characters, cartoon writing or similar images.”

In October, state cannabis regulators issued a “corrective action notice” to Hank’s Herbs over the advertising they alleged “has a cartoon character on it.”

Starting that same day, Ritchotte had the image removed from the billboards in Warwick, Providence, and Cranston but notified regulators he would appeal that notice, according to Cannabis Control Commission documents.

Hank’s Herbs argued the image was a drawing which is not a cartoon, while state cannabis regulators argued the image was a cartoon and “had a reasonable probability of appearing attractive to children,” the Cannabis Control Commission decision states.

The Cannabis Control Commission decision includes the Merriam-Webster dictionary definition of a cartoon including “a drawing intended as satire, caricature, or humor.”

In its ruling, the Cannabis Control Commission states the image of Ritchotte is “smiling, happy, and friendly” and “humorous.”

“Based on the definition of a cartoon, the image is a cartoon character,” the Cannabis Control Commission ruling reads, and “it is the kind of cartoon character that could be attractive to children.”

As a result, the Cannabis Control Commission is ordering Hank’s Herbs to stop using the image, but the cultivator does not face any other penalties.

The attorney for Hank’s Herbs, Lisa Holley, told NBC 10 “we don’t agree it’s a cartoon.”

“He’s very compliant with regulations,” Holly said of Ritchotte.

Holley said they will talk about possibly appealing the Cannabis Control Commission decision in court.