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S 320

An act relating to cannabis advertising

2025-2026 Regular Session Introduced by Tanya Vyhovsky

Vermont S.320 allows broader cannabis advertising while requiring health warnings, pre-dissemination review, and safeguards to limit youth exposure and misleading health claims.

Read 1st time & referred to Committee on Economic Development, Housing and General Affairs
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WeVote Research Nonpartisan
Bill Summary · S 320

Summary of S.320 (2025-2026) – Vermont: An act relating to cannabis advertising

Purpose and intent

  • The bill seeks to amend Vermont’s cannabis advertising framework to allow broader, constitutionally permissible advertising while addressing false or misleading content and youth-targeting concerns.
  • It aims to narrow restrictions to what is considered paid advertising in third-party media and to define “advertisement” more broadly for cannabis and cannabis products.
  • The overarching goal is to foster a vibrant, regulated adult-use cannabis market by clarifying what constitutes advertising and by allowing certain communications that are not designed to drive sales, provided they do not mislead or appeal to minors.

Key provisions and changes

  • Definition of advertisement (Sec. 2):

    • Replaces prior narrow definitions with: “any broadly disseminated written or verbal statement, illustration, or depiction concerning cannabis or cannabis products that would reasonably have the effect of inducing sales,” including outdoor displays, media, internet, and other forms.
    • Exclusions to advertising include:
    • Editorial or non- paid content written by or at the direction of a cannabis establishment.
    • Educational or noncommercial material that does not propose an economic transaction and does not induce sales.
    • Signs attached to the premises identifying name, location, hours, logo, and business nature (without overt promotional messaging).
    • Official business directional signs by the Agency of Transportation.
    • Statements promoting noncannabis products sold by a cannabis establishment.

  • Advertising restrictions (Sec. 3):

    • Prohibits certain claims, notably statements that cannabis use cures or treats diseases (ensuring health claims are not made).
    • Previously allowed free samples prohibition was repealed (the section notes —the bill’s text indicates removal of the free samples prohibition).
    • In third-party advertising:
    • A licensee may place a paid ad only if no more than 15% (later indicating 30% in draft language) of the audience is reasonably expected to be under 21; the final drafting shows both figures in different sections (15% or 30%), creating a potential phase-in or ambiguity.
    • All third-party ads must include a short-form health warning adopted by rule with the Department of Health.
    • Advertisements must be submitted to the Cannabis Control Board before dissemination for review; boards can require disclosures or require changes to correct false or misleading content.

  • Youth protection (Sec. 4):

    • Prohibits advertising that depicts persons under 21 consuming cannabis or that is designed to be particularly appealing to those under 21.
    • Reiterates the age-proofing requirement for third-party media: not more than 15% to 30% of the audience under 21, depending on final drafting.

Affected parties

  • Cannabis establishments and licensed cannabis product marketers.
  • Advertisers utilizing third-party media (print, broadcast, online platforms).
  • Vermont consumers, particularly adults, with heightened attention to youth exposure.
  • State regulatory bodies: Cannabis Control Board, Department of Health, and the Agency of Transportation for related signage.

Procedural and timeline notes

  • Effective date: July 1, 2026.
  • The act requires board review of advertisements prior to dissemination; ongoing enforcement and potential required changes for misrepresentations.
  • First reading occurred January 27, 2026, and referral to the Senate Committee on Economic Development, Housing and General Affairs.

Summary of potential impact

  • Provides a framework that permits more types of cannabis advertising while imposing safeguards against misleading health claims and youth exposure.
  • Moves away from a de facto advertising ban for certain channels by clarifying what constitutes an advertisement and allowing more materials that are nonpromotional (edits to the existing restrictions).
  • Establishes health warnings and pre-dissemination review, balancing commercial freedom with public health and youth-protection objectives.

Compiled from official sources — confirm details with the bill’s official record.

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