No advertisement for a medical cannabis establishment may:
- (1) Make deceptive, false or misleading statements;
- (2) Make claims related to potency beyond listing the cannabinoid content of the cannabis or cannabis product advertised, as verified by a testing facility;
- (3) Depict consumption of cannabis or cannabis products;
- (4) Depict pregnancy, breastfeeding, or operating a motorized vehicle, boat or machinery;
- (5) Depict or refer to candy or a specific type of candy;
- (6) Use a trademark associated with a non-cannabis product;
- (7) Use a parody or other use that has similarity to the original;
- (8) Encourage the transportation of cannabis across state lines or otherwise encourage illegal activity;
- (9) Assert that cannabis is safe because it is regulated by the department, tested by a testing facility, or otherwise endorsed by any government agency;
- (10) Make claims that cannabis has curative or therapeutic effects;
- (11) Claim any health or physical benefits; or
- (12) Encourage excessive or rapid consumption.
Source: 48 SDR 40, effective October 5, 2021.
General Authority: SDCL 34-20G-72 (5)(i).
Law Implemented: SDCL 34-20G-72 (5).