Trulieve Sues Florida Over Restrictive Medical Marijuana Marketing Rule

Trulieve, Florida’s largest medical marijuana company with over 160 dispensaries statewide, has filed a lawsuit challenging a state emergency rule that sharply limits how licensed operators can market and advertise their products. The lawsuit targets Rule 64ER25-6, a Florida Department of Health regulation that took effect Dec. 31 and gave medical marijuana treatment centers 90 days to come into compliance. According to contemporaneous reporting, Trulieve argues the rule imposes “draconian, irreparable conditions,” while a separate administrative challenge involving multiple medical marijuana companies is also moving forward. Administrative Law Judge Elizabeth McArthur has reportedly scheduled a weeklong hearing in that case beginning June 22.

The rule significantly narrows the ways companies can promote their businesses. Public-facing marketing is largely limited to tightly restricted exterior signage, materials inside dispensaries that are not visible from outside, and certain internet-based activity. It also bars a wide range of content, including material that implies recreational use, depicts marijuana consumption, uses celebrities or influencers, or includes imagery seen as appealing to children. Previously used advertising materials are not grandfathered in under the rule.

The restrictions go further online. Social media accounts must be registered with the Office of Medical Marijuana Use, paid or targeted digital advertising requires prior approval, and mobile apps may not allow product reservations or purchases. Companies can also be held responsible for the actions of outside marketing vendors working on their behalf.

The case could become one of the most closely watched marijuana industry legal fights in Florida this year, with potentially broad implications for how the state’s medical marijuana businesses communicate with patients and compete in an increasingly regulated market.