Massachusetts cannabis advertising rules for dispensaries

Responsibility does not stop at the dispensary's own staff. The CCC's May 2024 bulletin says licensees must ensure that advertising and marketing done on their behalf by a third party complies with 935 CMR 500.105(4). An agency running a dispensary's ads works inside the same rule, and the licensee answers for what the agency publishes.

Any public-facing advertisement must show "Please Consume Responsibly" conspicuously on its face, along with at least two of these five warnings, each printed in full:

1. 1"This product may cause impairment and may be habit forming."
2. 2"Marijuana can impair concentration, coordination and judgment. Do not operate a vehicle or machinery under the influence of this drug."
3. 3"There may be health risks associated with consumption of this product."
4. 4"For use only by adults 21 years of age or older. Keep out of the reach of children."
5. 5"Marijuana should not be used by women who are pregnant or breastfeeding."

All advertising must also carry the warning required by G.L. c. 94G, section 4. The rule prints it in full, capitalization included:

> "This product has not been analyzed or approved by the Food and Drug Administration (FDA). There is limited information on the side effects of using this product, and there may be associated health risks. Marijuana use during pregnancy and breast-feeding may pose potential harms. It is against the law to drive or operate machinery when under the influence of this product. KEEP THIS PRODUCT AWAY FROM CHILDREN. There may be health risks associated with consumption of this product. Marijuana can impair concentration, coordination, and judgment. The impairment effects of Edibles may be delayed by two hours or more. In case of accidental ingestion, contact poison control hotline 1-800-222-1222 or 9-1-1. This product may be illegal outside of MA."

The rule bars advertising that:

• uses statements, designs, pictures or illustrations that portray anyone younger than 21
• uses mascots, cartoons or celebrity endorsements that appeal to a person younger than 21
• asserts that products are safe, or have curative or therapeutic effects, unless substantial evidence supports the claim
• is deceptive, misleading, false or fraudulent

Brand names carry their own limits. A brand name may not use medical symbols or images of marijuana that appeal to people under 21, and it may make no colloquial references to marijuana or cannabis.

Merchandise is covered too. Branded clothing, cups and novelty items used solely to promote marijuana count as prohibited advertising.

The rule bars advertising the price of marijuana or marijuana products, with one allowance under 500.105(4)(a)6: a dispensary may post prices in the store and provide a catalogue or price list, which may also be on its website.

It also bars advertising free promotional items, including gifts, giveaways, discounts, points-based reward systems, customer loyalty programs, coupons, and "free" or "donated" marijuana. The only exception in the text is Brand Name take-away bags. The text does not mention contests, sweepstakes or raffles, which leaves the giveaway ban as the nearest provision.

Pricing still has some room. Licensees may adjust listed prices and offer bundled pricing, but the CCC says that pricing cannot be communicated in a way that markets products as free, discounted or promotional. On an online menu, that rules out:

• strike-through prices
• "sale", "discount" or "xx% off" labels
• a deals page or banner promoting discounts or a loyalty program
• bundle copy that presents the bundle as a discount

Chapter 65 does not change this yet. The CCC's September 2026 bulletin says policy discussions do not become practice until and if they are promulgated through regulation, so until a regulation adopts the in-store or opt-in email option, the rule text does not allow an opt-in email discount program.

For compliance planning, treat it as advertising. Internet advertising is one of the channels inside the 85% audience rule per 935 CMR 500.105(4), and the same section makes operating a marijuana establishment website that fails to verify the entrant is 21 or older a prohibited practice.

The age gate does not create an exemption. The CCC's May 2024 bulletin says minimal interaction, such as verifying age through a website's age gate, does not make a website communication personalized, so the pages behind the gate are still treated as advertising.

The rule text of 935 CMR 500.105(4) comes from the Legal Information Institute copy at Cornell Law School, which shows the section as last amended effective November 22, 2024. The CCC's reading of it comes from the two bulletins linked above. The page covers adult-use advertising, not the medical-use program. All sources were verified October 13, 2026.

Before running any ad, sign, menu change or email described here, confirm it with the Cannabis Control Commission at masscannabiscontrol.com.