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US (MA): Lawmakers considering advertising requirements

The Joint Committee on Cannabis Policy heard testimony on Tuesday about an issue that has been bubbling up in the industry: Should cannabis companies be allowed to advertise, run discounts, or have sales?

There are currently strict limitations governing how cannabis companies can advertise. Dispensaries are prohibited from advertising in any medium where 85 percent of the target audience is not expected to be 21 or older, and they are not allowed to offer gifts, discounts, sales, points-based rewards, or any customer loyalty programs.

The House passed a suite of cannabis legislation in June that did not address advertising. (Senate leadership has yet to weigh in on whether the chamber will be taking up cannabis legislation this session.) House lawmakers have filed five separate bills that would make advertising rules more strict – such as by banning billboard advertisements for cannabis products or changing how fines are imposed for advertising violations – to protect young people. Meanwhile, another bill filed by Sen. Dylan Fernandes of Falmouth– which has strong support from the industry – seeks to loosen restrictions on discounts and promotions to help struggling business owners compete more effectively.

Many in the cannabis industry have advocated for the ability to advertise more widely to level the playing field with multi-state cannabis companies that already advertise because they can afford to pay a fine. The Cannabis Control Commission issued an advisory in May 2024 that said that the agency had learned that some cannabis businesses in Massachusetts have been flouting advertisement regulations.

Read more at The Commonwealth Beacon

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