Bulletin | Advertising Compliance regarding Chapter 65 | September 25, 2026

This Bulletin applies to all Marijuana Establishments (collectively, “Licensees”). The Cannabis Control Commission (“Commission”) has received inquiries from Licensees regarding changes to permitted advertising practices since the enactment of Chapter 65 of the Acts of 2026. Separately, the Commission has been notified by various Licensees who have open advertising deficiencies that they will not comply with removing identified deficiencies on their public-facing websites until all Marijuana Retailers comply, or because it is the Licensee’s opinion that Chapter 65 amended permitted advertising activities related to websites/online menus.

This Bulletin serves to clarify Licensees’ statutory and regulatory obligations under state Marijuana laws. See G.L. c. 94G, G.L. c. 94I, 935 CMR 500.00 et. al., and 935 CMR 501.000 et. al. Licensees must ensure that all advertising and marketing practices taken by, or on behalf of the Licensee by a third-party, comply with 935 CMR 500.105(4).

Advertising means a form of marketing communication that employs a sponsored, nonpersonal message to sell or promote a Medical Marijuana Establishment Brand Name, Medical Marijuana Establishment Branded Good, service, product or idea.

Colocated Marijuana Operations (CMO) means a Medical Marijuana Establishment operating under a License pursuant to 935 CMR 501.000 and a Marijuana Establishment operating under at least one License pursuant to 935 CMR 500.000: Adult Use of Marijuana, on the same Premises. Colocated Marijuana Operations pertain to cultivation, product manufacturing, and retail licenses, but not any other adult-use License.

935 CMR 500.105(4)(b)20. prohibits the following advertising activities:

20. Advertising through the marketing of free promotional items including, but not limited to, gifts, giveaways, discounts, points-based reward systems, customer loyalty programs, coupons, and “free” or “donated” Marijuana, except as otherwise permitted by 935 CMR 500.105(4)(a)9. and except for the provision of Brand Name take-away bags by a Marijuana Establishment for the benefit of customers after a retail purchase is completed.

Chapter 65 amended G.L. c. 94G, § 4 to allow the Commission the option of permitting limited advertising activities within a marijuana establishment, or through an opt-in email list. Chapter 65 did not extend advertising or discounting allowances to Licensee websites, nor did it present any immediate substantial change in compliance policy. Commission staff already assess advertising compliance on how information is relayed to Consumers, and whether that communication is through opt-in forms, or personalized forms of communication such as newsletter or email lists that Consumers sign up for and specifically request.

An advertisement is a public communication used to attract customers or build brand loyalty and may be sponsored by the Licensee itself or by a third-party on behalf of the Licensee. Non-personal messages—i.e., communications that occur without personal contact or feedback from the intended recipient—that are directed to Consumers who did not request that communication and do not allow for an opt out option are also advertisements.

If a Consumer specifically requests to receive information from a Licensee or is provided information personally after entering an ME, then those communications are a personalized message rather than “Advertising” as defined in Commission regulations. Minimal interaction by the Consumer, such as verifying that they are over 21 years old via a website’s age gate, in accordance with Commission regulations, or segregating discounts into a separate portion of the Licensee’s website where Consumers attest to accessing the price list, does not make the communication personalized.

Until further notice, when a Licensee broadcasts a reduced or promotional price through its online menus it is engaging in advertising. Commission staff have and will continue to cite Licensees for utilizing the following prohibitive verbiage or actions including, but not limited to:

The use of different terms that have the same effect—Advertising a discount—also does not shield a Licensee from receiving a citation.

That said, Licensees are able to adjust or update the price of Marijuana and Marijuana Products available for sale which may be reflected on a price list or on the Licensee’s website. See 935 CMR 500.105(4)(a)6. Licensees may also offer purchase programs or bundled pricing, but it cannot be communicated in a way that markets Marijuana or Marijuana Products as free, discounted, or promotional (e.g., Buy x get x free).

The medical regulations, 935 CMR 501.000 et. al. do not prohibit Medical Marijuana Establishments from Advertising discounts, sales, coupons or other price reductions for medical Marijuana and Marijuana Products offered to Patients for sale. Similarly, CMOs are not prohibited from Advertising discounts, sales, etc. for medical Marijuana and Marijuana Products offered to Patients for retail sale. However, CMOs must take necessary steps to ensure that any advertised or marketed discount, sale or other reduction in price is clearly indicated as being only applicable to medical Marijuana and Marijuana Products intended for retail sale to Patients and not being offered for adult-use Consumers.

As the Commission enters into another regulatory round where proposed policy changes and potential impacts are publicly discussed, this bulletin further serves as a reminder to the industry that policy discussions do not become practice until and if promulgated through regulation. Similar to advertising, proposed policy or contemplated regulatory changes to topics including but not limited to testing, the licensing processes, and agent registration will remain as currently promulgated until replaced by new regulations.

Violations of state Marijuana law, including engaging in prohibited advertising activities, may result in the issuance of fines or up to suspension or revocation of a License. See 935 CMR 500.450(3), (13) and 501.450(3), (13).

Questions?

If you have additional questions, please contact the Commission at (774) 415-0200 or Inspections@CCCMass.com.

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