Massachusetts Regulators Warn Marijuana Stores They Can Still Be Cited for Advertising Discounts Online
- Massachusetts marijuana regulators warn retailers that advertising discounts, sales, and promotional pricing on public websites and online menus remains prohibited despite recent state law changes.
- Chapter 65 of the Acts of 2026 allows limited advertising of discounts inside stores and via opt-in emails but does not authorize discount advertising on public-facing websites or significantly change enforcement policies.
- Retailers can still be cited for using terms like “Sale,” “Discount,” “Special,” or promotional offers on online menus, and rephrasing such offers to imply discounts will not avoid enforcement.
- Medical marijuana businesses may advertise discounts to registered patients, but adult-use discounts must be clearly distinguished, and violations of advertising laws can lead to fines or license suspension/revocation.
Massachusetts marijuana regulators are warning retailers that they can still be cited for advertising discounts, sales and promotional pricing on public-facing websites and online menus despite a recent change in state law.
The Massachusetts Cannabis Control Commission issued a new enforcement bulletin Friday after receiving questions from businesses about advertising changes contained in Chapter 65 of the Acts of 2026.
According to the commission, some businesses with existing advertising deficiencies have indicated that they would not remove the material because they believed the new law changed what could be displayed on websites or online menus.
Regulators said that interpretation is incorrect.
Chapter 65 gives the commission authority to allow limited advertising of sales, discounts and customer loyalty programs inside marijuana stores or through opt-in email lists. However, the commission said the law did not immediately authorize discount advertising on public websites or substantially alter existing enforcement policies.
Until further notice, regulators said displaying reduced or promotional marijuana prices on an online menu constitutes advertising.
The commission said businesses can continue to receive citations for language or practices including “Sale,” “Discount,” “Special,” promotional offers, percentage-off claims, higher prices shown with a strike-through and buy-one-get-one-free promotions.
Using different terminology that has the same effect will not avoid enforcement, according to regulators.
Businesses may still change the prices of marijuana and marijuana products and display those prices online. They can also offer bundled pricing or purchase programs, but the offers cannot be presented in a way that markets marijuana as free, discounted or promotional.
Medical marijuana businesses are treated differently under the regulations. The commission said medical operators may advertise discounts, sales, coupons and other price reductions offered to registered patients. Businesses serving both medical patients and adult-use customers must clearly indicate that such discounts apply only to medical marijuana products sold to patients.
The commission also emphasized that proposed regulatory changes do not take effect simply because they are being publicly discussed.
Violations of Massachusetts marijuana advertising laws can result in fines and, in more serious cases, suspension or revocation of a license.