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US (VT): Control Board sued over advertising rules

FLŌRA, the cannabis store on Park Street in downtown Middlebury, has filed a lawsuit against the Vermont Cannabis Control Board (CCB) over cannabis advertisement regulations it claims are unconstitutional. In the suit filed in Addison Superior Court on Dec. 9, 2024, FLŌRA argued that Vermont businesses are being harmed financially by the restrictive regulations and requirements for advertisement approval, infringing upon their right to free speech.

Under Vermont Law, all cannabis stores must submit their advertisements to the CCB for approval before they can be published. This process ensures that ads do not appeal to or endanger the health of younger audiences — content featuring cartoons and candy, for example, are often rejected. According to the law, cannabis establishments must not advertise their products at all unless they can prove that no more than 15% of their customer base is expected to be under 21 years of age. Advertisements must also contain health warnings adopted by the control board.

The rules for approval require cannabis businesses to submit their proposed advertisements to the CCB, which must notify the business of their decision within 10 business days. The control board can deny, approve, or request additional information from the business. If the advertisement is denied, a business can revise it and resubmit for approval.

While the Chair of Cannabis Control Board James Pepper acknowledged that the law can be restrictive, he said that regulations are necessary for the safety of the community. Although wait time for approval on advertisements can impact a company financially, the CCB maintains that their reviews and frequent denials of advertisements are sparing the businesses administrative penalties down the line.

Read more at The Middlebury Campus

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