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State regulators reach settlement in lawsuit over cannabis advertising

A fold-out sign with a cannabis leaf and the text "cannabis" with a big green arrow pointing at a building sits in a small downtown street.
Zoe McDonald
/
Vermont Public
A sign sits outside a cannabis retailer in Bethel. After a Middlebury cannabis retailer argued in a lawsuit that restrictions on advertising cannabis products are unfairly strict, state regulators reached a settlement that would lessen those restrictions.

State regulators have reached a settlement with a Vermont company that sued over retail advertising restrictions on cannabis products.

Flora Cannabis filed the lawsuit last year against the state's Cannabis Control Board. The Middlebury retailer argued the board’s advertising rules were unreasonably strict and an infringement on free speech.

Under the settlement, which has yet to receive court approval, cannabis stores would still need the board to sign off on all ads. But if the board fails to make a decision within five days, stores could proceed with the ads.

In another change, stores would now be able to promote their products on social media as long as no pictures are used. And they would no longer need the board’s approval to run in-store promotions of products.

More from Vermont Public: Lawmakers eye major changes to retail cannabis marketplace

The settlement also calls for a simplified health warning for broadcast cannabis ads.

James Pepper, chair of the Cannabis Control Board, called the agreement a “good compromise.”

"Overall we're going to just decrease the administrative burden for the licensees, and we haven't opened the floodgates to social media advertising — you know, targeted advertising towards kids,” he said.

The owner of Flora Cannabis, Dave Silberman, said he’ll be pushing for more changes when the Vermont Legislature reconvenes next year.

"We've succeeded in making some incremental change here and then come January we'll be right back in the Legislature talking to them again about why it is that it is important to respect the constitutional rights of businesses."

Bob Kinzel has been covering the Vermont Statehouse since 1981 — longer than any continuously serving member of the Legislature. With his wealth of institutional knowledge, he answers your questions on our series, "Ask Bob."

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