Massachusetts Cannabis Advertising Laws

Massachusetts requires three separate disclosure layers on advertising: the statement "Please Consume Responsibly," at least two warnings chosen from a list of five in their entirety, and a mandatory FDA statement running to roughly ninety words. It requires at least 85 percent of the audience to be reasonably expected to be 21 or older, including for billboard and other outdoor advertising, prohibits illuminated or external signage beyond 30 minutes before sundown until closing, and treats a reduced or promotional price shown on an online menu as advertising.

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Legal for licensed marijuana establishments. Section 500.105(4) contains no pre-approval requirement. The constraints are the 85 percent audience floor at (b)2, the three disclosure layers at (a)7 and (a)8, the twenty prohibited practices at (b), the signage curfew at (b)9, and the promotions prohibition at (b)20 as applied by the Commission's September 25, 2026 bulletin.

Massachusetts legalised adult-use cannabis by ballot initiative in November 2016. The regulator is the Cannabis Control Commission. Advertising sits in 935 CMR 500.105(4) for adult use, with a parallel provision at 935 CMR 501.105 for medical. This page is written against the version effective June 18, 2026, which implements Chapter 65 of the Acts of 2026 alongside the earlier authorising statutes.

Section 500.105(4)(a) lists permitted practices and attaches the disclosure requirements to them. Section 500.105(4)(b) lists prohibited practices across twenty numbered items. The disclosures are framed as a condition of the general permission to advertise, and attach to advertising created for viewing by the public.

What Chapter 65 did and did not do. Chapter 65 amended M.G.L. c. 94G, Section 4 to allow the Commission the option of permitting limited advertising activities within a marijuana establishment, or through an opt-in email list. In its bulletin of September 25, 2026 the Commission stated that Chapter 65 did not extend advertising or discounting allowances to licensee websites, and did not present any immediate substantial change in compliance policy.

Medical and adult-use cannabis do not share one advertising rule set, though the provisions mirror each other. A Colocated Marijuana Operation must comply with both, and under 500.105(4) a CMO may develop a single marketing campaign provided it applies the most restrictive requirements applicable under either licence.

Massachusetts also regulates the brand name. A Marijuana Establishment may develop a Brand Name for use in labeling, signage and other materials, but medical symbols, images of marijuana or products or related paraphernalia appealing to persons under 21, and colloquial references to marijuana and cannabis are prohibited from use in the Brand Name.

This page is part of our state-by-state cannabis advertising laws library, covering all 50 states and the District of Columbia.

Business name and licence number

No general licence number requirement in the advertising section. A delivery licensee shall ensure that its business name and licence number appear on its menu and any receipt provided to consumers ordering through a technology platform.

The required warning statements

Three layers.

Layer one. Under 500.105(4)(a)7, any advertising created for viewing by the public shall include the statement "Please Consume Responsibly" in a conspicuous manner on the face of the advertisement.

Layer two. The same provision requires a minimum of two of the following warnings, in their entirety, in a conspicuous manner on the face of the advertisement:

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

Layer three. Under 500.105(4)(a)8, all advertising produced by or on behalf of a Marijuana Establishment for marijuana or marijuana products shall include the following warning, including capitalisation, in accordance with M.G.L. c. 94G, Section 4(a½)(xxvi):

"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."

How the warnings have to appear

Conspicuously, on the face of the advertisement, and the chosen warnings in their entirety. Section 500.105(4) prescribes no font, size, colour or percentage of the advertising area, and no audio speed or on-screen duration standard.

When the warnings are not required

Layers one and two attach to advertising created for viewing by the public. Layer three attaches to all advertising for marijuana or marijuana products produced by or on behalf of an establishment. Section 500.105(4) does not state whether an advertisement promoting the business without reference to a product falls within layer three.

Hotline number

The poison control hotline number 1-800-222-1222 sits inside the layer three statement, so it appears wherever that statement is required. Section 500.105(4) states no standalone hotline requirement. The Massachusetts Substance Use Helpline number is required in consumer education materials, which is a separate obligation.

What counts as advertising, and what counts as a personalised message

Under 500.002, Advertising means a form of marketing communication that employs a sponsored, non-personal message to sell or promote a Marijuana Establishment's Brand Name, Branded Good, service, product or idea.

In its September 25, 2026 bulletin the Commission set out how it applies that definition:

• 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 its behalf.
• Non-personal messages, meaning communications occurring without personal contact or feedback from the intended recipient, which are directed to consumers who did not request them and do not allow an opt-out, are also advertisements.
• A communication is a personalised message rather than advertising where the consumer specifically requests to receive information from the licensee, or is provided information personally after entering a marijuana establishment.
• Minimal interaction does not make a communication personalised. The Commission named two examples: verifying age through a website age gate, and segregating discounts into a separate portion of the website where consumers attest to accessing the price list. Neither converts the communication into a personalised message.

Licensees must ensure that all advertising and marketing taken by, or on behalf of the licensee by a third party, complies with 935 CMR 500.105(4).

Prohibited content and practices

Under 500.105(4)(b), the prohibited practices include:

• Anything deceptive, misleading, false or fraudulent, or that tends to deceive or create a misleading impression, whether directly or by omission or ambiguity — (b)1
• Advertising by television, radio, internet, mobile applications, social media, or other electronic communication, billboard or other outdoor advertising, or print publication below the 85 percent audience threshold — (b)2
• Statements, designs, representations, pictures or illustrations that portray anyone younger than 21 — (b)3
• Mascots, cartoons, and celebrity endorsements deemed to appeal to a person younger than 21, in advertising and in brand sponsorship — (b)4 and (b)5
• False statements concerning other licensees and their conduct and products — (b)6
• Asserting that products are safe, or representing curative or therapeutic effects, other than required labeling, unless supported by substantial evidence or substantial clinical data with reasonable scientific rigor as determined by the Commission — (b)7
• Advertising on billboards or other public signage failing to comply with all state and local ordinances and requirements — (b)8
• Use of any illuminated or external signage beyond the period of 30 minutes before sundown until closing — (b)9
• Vehicles equipped with radio or loudspeakers for advertising, and radio or loudspeaker equipment in any establishment for advertising the sale of marijuana — (b)10 and (b)11
• Brand Name Sponsorship of a charitable, sporting or similar event outside the audience conditions — (b)12
• Operating any website that fails to verify the entrant is 21 or older — (b)13
• Advertising of an improper or objectionable nature, including language or images offensive or disparaging to certain groups — (b)14
• Advertising solely for promotion on branded goods, including clothing, cups, drink holders, apparel accessories, electronic equipment or accessories, sporting equipment, novelty items and similar portable promotional items — (b)15
• Advertising on or in public or private vehicles and at bus stops, taxi stands, transportation waiting areas, train stations, airports or similar venues, including vinyl-wrapped vehicles or signs or logos on transportation vehicles not owned by the establishment — (b)16
• Display of signs or other printed material advertising any brand or kind of marijuana on the exterior of any licensed premises — (b)17
• Advertising the price, except as permitted by 500.105(4)(a)6 — (b)18
• Display of marijuana so as to be clearly visible from the exterior of an establishment — (b)19
• Advertising through the marketing of free promotional items — (b)20

Under 500.105(4)(c), nothing in the section prohibits an establishment from using a mark provided by the Commission which uses images of marijuana or marijuana products.

Discounts, coupons, and price promotion

Both the price and the mechanic are restricted, and the Commission has published enforcement guidance on how it applies them online.

On price. Under (b)18, advertising the price is prohibited except as permitted by 500.105(4)(a)6, which allows an establishment to post prices in the store, to respond to questions about pricing, to provide a catalogue or printed list of prices and strains to consumers, and to post that same catalogue or printed list on its website and in the retail store.

On mechanics. Under (b)20, advertising through the marketing of free promotional items is prohibited, including gifts, giveaways, discounts, points-based reward systems, customer loyalty programmes, coupons, and free or donated marijuana. Two exceptions apply: employee discounts operated under the establishment's diversion prevention policy, which 500.105(4)(a)9 states shall not be considered a prohibited practice, and brand-name take-away bags provided for the benefit of customers after a retail purchase is completed.

Online menus. In its September 25, 2026 bulletin the Commission stated that, until further notice, when a licensee broadcasts a reduced or promotional price through its online menus it is engaging in advertising. The Commission named the following verbiage and actions as citable:

• Sale
• Discount
• Special
• Showing strike-through of a higher price next to a new price
• Promos or Promotional Offer
• Special offer
• X% off
• Buy X get X free

The Commission added that using different terms with the same effect, meaning advertising a discount, does not shield a licensee from a citation.

What remains available. The Commission stated that 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, under 500.105(4)(a)6. Licensees may also offer purchase programmes or bundled pricing, provided it is not communicated in a way that markets marijuana as free, discounted or promotional.

Enforcement exposure. Violations of state marijuana law, including engaging in prohibited advertising activities, may result in fines or up to suspension or revocation of a licence, under 935 CMR 500.450(3) and (13) and 501.450(3) and (13).

Pre-approval

Not required. Section 500.105(4) contains no pre-submission requirement.

What the Law Requires

Twenty-one throughout. Two provisions govern depiction and operate differently. Under (b)3, no advertising utilising statements, designs, representations, pictures or illustrations that portray anyone younger than 21. Under (b)4, no advertising including mascots, cartoons, and celebrity endorsements deemed to appeal to a person younger than 21.

Audience Percentage Thresholds

85 percent, as a floor on the adult share

Under 500.105(4)(b)2, advertising by means of television, radio, internet, mobile applications, social media, or other electronic communication, billboard or other outdoor advertising, or print publication is prohibited unless at least 85 percent of the audience is reasonably expected to be 21 years of age or older as determined by reliable and current audience composition data.

Out of home is inside the threshold

Billboard and other outdoor advertising is named expressly in (b)2, so a billboard is subject to the same 85 percent requirement as broadcast, print and digital.

Event sponsorship

Brand name sponsorship of a charitable, sporting or similar event is permitted where sponsorship is limited to the brand name and any advertising at or in connection with the event is targeted to entrants or participants reasonably expected to be 21 or older on reliable, current audience composition data, with reasonable safeguards employed to prevent advertising from targeting or otherwise reaching those expected to be younger than 21. A separate route exists for a charitable, cultural or similar event both held and organised by the city or town in which the establishment is licensed, where the sponsorship is included in the establishment's Positive Impact Plan.

The retention duty

An establishment engaging in brand name sponsorship shall retain documentation of the reliable, reasonable audience composition data supporting it for a period of one year, or longer if required by the Commission or a court or agency with jurisdiction.

Where the burden sits

On the establishment. Section (b)2 conditions placement on the audience expectation, and the sponsorship retention duty attaches to the establishment. The Commission has stated that licensees are responsible for advertising taken on their behalf by third parties.

Age Gating and Consent

Websites

Under (b)13, operating any website that fails to verify the entrant is 21 or older is a prohibited practice. The provision uses the word verify and prescribes no mechanism.

What an age gate does not do

In its September 25, 2026 bulletin the Commission stated that verifying a consumer is over 21 through a website age gate is minimal interaction and does not make the communication personalised. The age gate satisfies (b)13; it does not remove menu content from the definition of advertising.

Direct communication

Section 500.105(4) contains no age affirmation requirement for direct or individualized communication. A communication is personalised where the consumer specifically requested it or received it personally after entering an establishment.

Location-based devices

Section 500.105(4) contains no location-based device provision.

Established customers

Section 500.105(4) contains no exception removing communications to existing customers from the prohibited practices. The personalised message distinction turns on whether the consumer requested the communication, not on whether they have purchased before.

People Depicted in Ads

Three provisions bear on casting. Under (b)3, no statements, designs, representations, pictures or illustrations portraying anyone younger than 21. Under (b)4 and (b)5, no mascots, cartoons, or celebrity endorsements deemed to appeal to a person younger than 21, which applies to brand sponsorship as well as advertising. Under (b)14, nothing of an improper or objectionable nature, including language or images offensive or disparaging to certain groups.

Section (b)3 is a flat prohibition on portraying anyone younger than 21 and states no reasonable-belief defence. Section (b)4 conditions the celebrity limb on the endorsement being deemed to appeal to a person younger than 21. Retain proof of age for everyone appearing in creative before committing spend.

Restricted Locations and Buffer Distances

Section 500.105(4) states no advertising buffer. The section contains no distance requirement around schools, childcare facilities, playgrounds, parks, libraries or places of worship. This is an absence in the regulation rather than an omission from this page.

Local ordinances are incorporated by reference

Under (b)8, advertising on any billboards or other public signage which fails to comply with all state and local ordinances and requirements is a prohibited practice, which makes a municipal signage breach a Commission matter as well as a local one.

Transit, Vehicles, and Premises

Under (b)16, no advertising on or in public or private vehicles and at bus stops, taxi stands, transportation waiting areas, train stations, airports, or other similar transportation venues, including vinyl-wrapped vehicles or signs or logos on transportation vehicles not owned by the establishment. The provision names private vehicles as well as public ones.

Under (b)17, no display of signs or other printed material advertising any brand or kind of marijuana on the exterior of any licensed premises. Under (b)19, no display of marijuana so as to be clearly visible from the exterior of an establishment. Under (b)10 and (b)11, no vehicles equipped with radio or loudspeakers for advertising, and no radio or loudspeaker equipment in any establishment for advertising the sale of marijuana.

Can You Run a Digital Out of Home Screen in Massachusetts?

Four provisions apply. The placement must meet the 85 percent audience threshold at (b)2, since billboard and outdoor advertising are named there. It must comply with all state and local ordinances under (b)8. It must carry all three disclosure layers. And under (b)9, illuminated or external signage may not be used beyond 30 minutes before sundown until closing.

Section (b)9 is written for signage and does not state how it applies to third-party illuminated billboard inventory. Confirm the position with the Commission before booking illuminated inventory for evening delivery.

Compliant Use of Geotargeting

• Section 500.105(4) states no advertising buffer, so there is no facility exclusion layer required by Massachusetts law.
• Run a local ordinance check for every out of home site, since local requirements are incorporated into the state rule at (b)8.
• Exclude all transit venues and all vehicles, public and private, under (b)16.
• Apply the 85 percent threshold to out of home as well as to broadcast, print and digital, since (b)2 names billboard and other outdoor advertising.
• Audit online menus and any syndicated menu feed against the verbiage the Commission named on September 25, 2026, since a reduced or promotional price shown online is advertising.
• Plan for delivery from the Boston market into Connecticut, Rhode Island and New Hampshire, each of which applies its own advertising rules.
• Retain audience composition documentation for at least one year where it supports brand name sponsorship.

Massachusetts runs two advertising rule sets under the Cannabis Control Commission, in parallel regulations: 935 CMR 500.000 for adult use and 935 CMR 501.000 for medical. The advertising provisions mirror each other. A Colocated Marijuana Operation must comply with both, and may develop a single marketing campaign provided it applies the most restrictive requirements applicable under either licence.

The medical discount position differs. In its September 25, 2026 bulletin the Commission stated that the medical regulations at 935 CMR 501.000 do not prohibit Medical Marijuana Establishments from advertising discounts, sales, coupons or other price reductions for medical marijuana offered to patients for sale. CMOs are likewise not prohibited from advertising such reductions for medical products offered to patients. A CMO must take necessary steps to ensure any advertised or marketed discount or price reduction is clearly indicated as applying only to medical marijuana intended for retail sale to patients, and not offered to adult-use consumers.

A licensee holding both authorisations should clear medical creative against 501.105 rather than assuming the adult-use analysis carries across.

Both programmes carry a consumer education duty covering the effects of various strains, forms and routes of administration, materials enabling consumers to track strains and effects, proper dosage and titration with emphasis on using the smallest amount possible, a discussion of tolerance, dependence and withdrawal, facts on substance use disorder signs and symptoms with referral information and the Massachusetts Substance Use Helpline number, a statement that consumers may not sell marijuana to another individual, and information on penalties for unlawful possession or distribution. That sits alongside the advertising rules rather than inside them.

Social Consumption Establishments carry their own provision: under 500.141(9), such an establishment may not advertise, market or brand any practice prohibited under 500.141(9) or 500.105(4)(b), and may not award marijuana or marijuana products as a prize.

Who regulates hemp here

The Massachusetts Department of Agricultural Resources, under the state hemp programme established following the federal 2018 Farm Bill. Not the Cannabis Control Commission.

Non-intoxicating hemp and CBD

The Department of Agricultural Resources and the Department of Public Health have taken a restrictive position on hemp-derived products in food. MDAR policy has stated that certain CBD products, including food products containing CBD and products making therapeutic or medicinal claims, may not be sold in Massachusetts, following the federal position that CBD may not lawfully be added to food.

Intoxicating hemp-derived cannabinoids

Intoxicating hemp-derived cannabinoids are not authorised for general retail sale in Massachusetts, and marijuana products may only be sold through licensed establishments. The Commission regulates the appearance and content of marijuana products directly, so an intoxicating product routed through the licensed channel is subject to those rules as well as the advertising ones. The federal definition of hemp narrows in November 2026.

What it means for advertising

Section 500.105(4) binds Marijuana Establishments. A hemp product sold outside that channel is not advertised by an establishment, so the section does not reach it. In Massachusetts the prior question is often whether the product may be sold at all. Confirm the sales position of any hemp product with MDAR and DPH before planning a campaign.

Every statement on this page traces to one of the following:

• 935 CMR 500.000, Adult Use of Marijuana, effective June 18, 2026, including the advertising provisions at 500.105(4), the definitions at 500.002, the social consumption provisions at 500.141(9), and the enforcement provisions at 500.450
• Cannabis Control Commission, Bulletin on Advertising Compliance regarding Chapter 65, September 25, 2026
• 935 CMR 501.000, Medical Use of Marijuana, including the parallel advertising provisions at 501.105 and the enforcement provisions at 501.450
• Chapter 65 of the Acts of 2026, amending M.G.L. c. 94G, Section 4
• M.G.L. c. 94G, Regulation of the Use and Distribution of Marijuana Not Medically Prescribed, including Section 4(a½)(xxvi) and Section 15
• M.G.L. c. 94I, Medical Use of Marijuana
• Massachusetts Cannabis Control Commission
• Massachusetts Department of Agricultural Resources, hemp programme

The Commission opened a regulatory review on September 17, 2026 covering advertising and loyalty programs among other topics, with votes expected in December 2026 and a public hearing in early 2027. The Commission has stated that proposed policy does not become practice until promulgated through regulation. This page reflects the rules in force.