The Cannabis Control Commission's Investigations and Enforcement Department said in a bulletin dated September 25, 2026, that Chapter 65 of the Acts of 2026 did not extend advertising or discounting allowances to Licensee websites, and that until further notice a Licensee that broadcasts a reduced or promotional price through online menus is engaging in advertising. The bulletin was addressed to all Marijuana Establishments and also said Chapter 65 did not present any immediate substantial change in compliance policy.
Cannabis Control Commission says Chapter 65 does not extend discounts to websites
The Cannabis Control Commission's Investigations and Enforcement Department said in a bulletin dated September 25, 2026, that Chapter 65 of the Acts of 2026 did not extend advertising or discounting allowances to Licensee websites, and that until further notice a Licensee that broadcasts a reduced or promotional price through online menus is engaging in advertising. The bulletin was addressed to all Marijuana Establishments and also said Chapter 65 did not present any immediate substantial change in compliance policy.
The bulletin responded to inquiries from Licensees about changes to permitted advertising practices since the enactment of Chapter 65 of the Acts of 2026, and to notices from various Licensees with open advertising deficiencies that they will not remove identified deficiencies on public-facing websites until all Marijuana Retailers comply or because they believe Chapter 65 amended permitted advertising related to websites or online menus.
It states that 935 CMR 500.105(4)(b)20 prohibits advertising through the marketing of free promotional items including gifts, giveaways, discounts, points-based reward systems, customer loyalty programs, coupons, and 'free' or 'donated' Marijuana, except as permitted by 935 CMR 500.105(4)(a)9 and except Brand Name take-away bags after a retail purchase. It says non-personal messages directed to Consumers who did not request the communication and that do not allow an opt out are advertisements, while communications a Consumer specifically requests or receives personally after entering a marijuana establishment are personalized rather than advertising. Minimal interaction such as an age gate or segregating discounts where Consumers attest to accessing a price list does not make the communication personalized, and until further notice broadcasting a reduced or promotional price through online menus is advertising, according to the bulletin.
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, the bulletin states. It says Chapter 65 did not extend advertising or discounting allowances to Licensee websites and did not present any immediate substantial change in compliance policy.
Commission staff have and will continue to cite Licensees for terms or actions including 'Sale,' 'Discount,' 'Special Promos/Promotional Offer,' 'Special offer,' 'X% off,' showing strike-through of higher prices next to a new price, and 'Buy X get X free,' the bulletin says, adding that different terms with the same effect do not shield a Licensee. It says Licensees may adjust or update prices on a price list or website under 935 CMR 500.105(4)(a)6 and may offer purchase programs or bundled pricing, but cannot communicate them in a way that markets marijuana or marijuana products as free, discounted, or promotional.
The medical regulations at 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, the bulletin states. It says Colocated Marijuana Operations are similarly not prohibited for medical marijuana and products offered to Patients for retail sale but must ensure any advertised or marketed discount, sale, or other price reduction is clearly indicated as applicable only to medical Marijuana and Marijuana Products intended for retail sale to Patients and not offered for adult-use Consumers.
The bulletin says the Commission is entering another regulatory round in which proposed policy changes and potential impacts are publicly discussed, and that policy discussions do not become practice until and if promulgated through regulation. It says proposed or contemplated changes to testing, licensing processes, and agent registration remain as currently promulgated until replaced by new regulations. Violations of state marijuana law, including prohibited advertising activities, may result in fines or up to suspension or revocation of a License under 935 CMR 500.450(3), (13) and 501.450(3), (13), according to the bulletin. Questions can be directed to the Commission at (774) 415-0200 or [email protected].
- The source does not state how many licensees have open advertising deficiencies or identify them.
- The source does not state the date Chapter 65 was enacted.
- The source does not state whether the Commission has taken enforcement action, set a compliance deadline, or specified fines for the licensees that said they will not remove deficiencies.
- The source does not state whether the Commission has exercised or plans to exercise the option to permit limited advertising within a marijuana establishment or through an opt-in email list.
- The source does not state the positions of Marijuana Retailers on the non-compliant licensees' stated refusal to remove deficiencies.
- The source does not state specific penalty amounts for violations.
Read the original at Mass Cannabis Control Commission