44 : 90 : 10 : 14.01 . Prohibited forms of advertising. Unless and until the United States Drug Enforcement Administration removes marijuana or cannabis as a Schedule I controlled substance, no establishment may advertise:

1. (1) On a sign or billboard, except that a dispensary may advertise on signs on its own premises;
2. (2) By distributing handbills in public areas or on publicly owned property;
3. (3) Through direct mail, phone, text, or email without verifying the recipient is a cardholder or medical cannabis establishment and offering a permanent opt-out feature;
4. (4) Through publication, except that a dispensary may advertise on publications within its own premises;
5. (5) Through radio, television, and other media, not including the establishment's website or social media account; or
6. (6) Through a practitioner or health care facility, by placing advertising material at a practitioner's office or health care facility, or by targeting the practitioner's or health care facility's patients through direct mail, phone, text, or email.

Source: 48 SDR 54 , effective November 15, 2021; 52 SDR 10, effective August 4, 2025 .

General Authority: SDCL 34-20G-72 ( 4 )(i).

Law Implemented: SDCL 34-20G-72 ( 4 ) (i) .

Prior versions effective: 2021-11-15.