An Act to Regulate the Advertising of Cannabis Products
Maine Legislature, Session 132, LD 0903
Sponsors: CYRWAY, NUTTING
Amends: 22 MRSA §2429-B, 28-B MRSA §702

Legislative Document
No. 903
S.P. 392
In Senate, March 11, 2025
An Act to Regulate the Advertising of Cannabis Products
Received by the Secretary of the Senate on March 5, 2025.  Referred to the Committee on 
Veterans and Legal Affairs pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator CYRWAY of Kennebec.
Cosponsored by Representative NUTTING of Oakland and
Senators: BALDACCI of Penobscot, BERNARD of Aroostook, FARRIN of Somerset, 
Representatives: ARATA of New Gloucester, BOYER of Poland, DUCHARME of Madison, 
LAJOIE of Lewiston, PERKINS of Dover-Foxcroft.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §2429-B, as amended by PL 2023, c. 679, Pt. A, §18, is further 
amended to read:
§2429-B.  Signs, advertising and marketing
1.  Prohibitions.  Signs, advertising and marketing used by or on behalf of a registered 
caregiver or dispensary may not: are prohibited except as authorized in this section.
A.  Be misleading, deceptive or false;
B.  Involve mass-market advertising or marketing campaigns that have a high 
likelihood of reaching persons under 21 years of age or that are specifically designed 
to appeal particularly to persons under 21 years of age;
C.  Be placed or otherwise used within 1,000 feet of the property line of a preexisting 
public or private school, except that, if a municipality chooses to prohibit the placement 
or use of signs or advertising by or on behalf of a registered caregiver or dispensary at 
distances greater than or less than 1,000 feet but not less than 500 feet from the property 
line of a preexisting public or private school, that greater or lesser distance applies;
D.  Violate any other requirement or restriction on signs, advertising and marketing 
imposed by the department by rule pursuant to subsection 2; or
E.  Market to any person authorized to possess cannabis plants or harvested cannabis 
under this chapter and specifically to any adult use or recreational cannabis market 
within the same sign, advertisement or marketing material.
1-A.  Authorized activity.  A registered caregiver or dispensary may:
A.  Establish a publicly accessible website or other Internet-based presence that 
provides general information on the registered caregiver's or dispensary's contact 
information, location and hours and a list of products available;
B.  Be listed in business directories; and
C.  Display a sign on the premises of the registered caregiver or dispensary, except that 
a sign on the premises may not:
(1)  Be misleading, deceptive or false;
(2)  Be designed to appeal specifically to or have a high likelihood of appealing 
specifically to persons under 21 years of age;
(3)  Include any health or physical benefit claims, except that the sign may contain 
qualifying patients' testimonials of how cannabis for medical use has provided 
palliative or therapeutic effects for the patients' conditions.  All testimonials must 
contain the following disclaimer: "This statement has not been evaluated by the 
United States Food and Drug Administration.  This product is not intended to 
diagnose, treat, cure or prevent any disease.";
(4)  Be placed or otherwise used within 1,000 feet of the property line of a 
preexisting public or private school, except that, if a municipality by ordinance or 
other regulation chooses to prohibit the placement or use of signs or advertising by 
or on behalf of a registered caregiver or dispensary at distances greater than or less 
than 1,000 feet but not less than 500 feet from the property line of a preexisting 
public or private school, that greater or lesser distance applies;
(5)  Contain any information regarding adult use cannabis pursuant to Title 28-B;
(6)  Violate any other requirement or restriction regarding signs imposed by 
ordinance or other regulation by the municipality where the registered caregiver or 
dispensary operates; or
(7)  Violate any other requirement or restriction regarding signs imposed by the 
office by rule pursuant to subsection 2.
2.  Rules on signs, advertising and marketing.  The department shall office may 
adopt rules regarding the placement and use of signs, advertising and marketing by or on 
behalf of a registered caregiver or dispensary, which may include, but are not limited to:.
A.  A prohibition on health or physical benefit claims in advertising or marketing, 
including, but not limited to, health or physical benefit claims on the label or packaging 
of harvested cannabis, except that advertising, marketing, labeling or packaging may 
contain qualifying patients' testimonials of how cannabis for medical use has provided 
palliative or therapeutic effects for the patients' conditions.  All testimonials must 
contain the following disclaimer: "This statement has not been evaluated by the United 
States Food and Drug Administration.  This product is not intended to diagnose, treat, 
cure or prevent any disease";
B.  A prohibition on unsolicited advertising or marketing on the Internet, including, but 
not limited to, banner advertisements on mass-market websites;
C.  A prohibition on opt-in advertising or marketing that does not permit an easy and 
permanent opt-out feature; and
D.  A prohibition on advertising or marketing directed toward location-based devices 
unless such marketing includes a permanent and easy opt-out feature and the owner of 
the device is 21 years of age or older.
Sec. 2.  28-B MRSA §702, as amended by PL 2023, c. 679, Pt. B, §§123 to 125, is 
further amended to read:
§702.  Signs, advertising and marketing
1.  Prohibitions.  Signs, advertising and marketing used by or on behalf of a licensee: 
are prohibited except as authorized in this section.
A.  May not be misleading, deceptive or false;
C.  May not be placed or otherwise used within 1,000 feet of the property line of a 
preexisting public or private school, except that, if a municipality by ordinance or other 
regulation, or, in the case of a town, plantation or township located in the unorganized 
and deorganized areas, the Maine Land Use Planning Commission, chooses to prohibit 
the placement or use of signs or advertising by or on behalf of a cannabis establishment 
at distances greater than or less than 1,000 feet but not less than 500 feet from the 
property line of a preexisting public or private school, that greater or lesser distance 
applies.  As used in this paragraph, "school" has the same meaning as in section 402, 
subsection 2, paragraph A; and
D.  May not violate any other requirement or restriction on signs, advertising and 
marketing imposed by the office by rule pursuant to subsection 2.
1-A.  Authorized activity.  A licensee may:
A.  Establish a publicly accessible website or other Internet-based presence that 
provides general information on the licensee's contact information, location and hours 
and a list of products available;
B.  Be listed in business directories; and
C.  Display a sign on the licensed premises, except that a sign on the licensed premises 
may not:
(1)  Be misleading, deceptive or false;
(2)  Be designed to appeal specifically to or have a high likelihood of appealing 
specifically to persons under 21 years of age;
(3)  Include any health or physical benefit claims;
(4)  Be placed or otherwise used within 1,000 feet of the property line of a 
preexisting public or private school, except that, if a municipality by ordinance or 
other regulation, or, in the case of a town, plantation or township located in the 
unorganized and deorganized areas, the Maine Land Use Planning Commission, 
chooses to prohibit the placement or use of signs or advertising by or on behalf of 
a cannabis establishment at distances greater than or less than 1,000 feet but not 
less than 500 feet from the property line of a preexisting public or private school, 
that greater or lesser distance applies.  As used in this subparagraph, "school" has 
the same meaning as in section 402, subsection 2, paragraph A;
(5)  Contain any information regarding cannabis for medical use pursuant to Title 
22, chapter 558-C;
(6)  Violate any other requirement or restriction regarding signs imposed by 
ordinance or other regulation by the municipality where the licensee operates; or
(7)  Violate any other requirement or restriction regarding signs imposed by the 
office by rule pursuant to subsection 2.
2.  Rules on signs, advertising and marketing.  The office may adopt rules regarding 
the placement and use of signs, advertising and marketing by or on behalf of a licensee, 
which may include, but are not limited to:.
A.  A prohibition on health or physical benefit claims in advertising or marketing, 
including, but not limited to, health or physical benefit claims on the label or packaging 
of adult use cannabis or an adult use cannabis product;
B.  A prohibition on unsolicited advertising or marketing on the Internet, including, but 
not limited to, banner advertisements on mass-market websites;
C.  A prohibition on opt-in advertising or marketing that does not permit an easy and 
permanent opt-out feature;
D.  A prohibition on advertising or marketing directed toward location-based devices, 
including, but not limited to, cellular telephones, unless the marketing is a mobile 
device application installed on the device by the owner of the device who is 21 years 
of age or older and includes a permanent and easy opt-out feature; and
E.  Limitations on signs, advertising and marketing specifically designed to target 
minors regarding adult use cannabis and adult use cannabis products.
3.  Restrictions on signs, advertising and marketing.  A licensee may advertise or 
market the promotion of the licensee's business and adult use cannabis and adult use 
cannabis products sold by the licensee, including the display of a sign on the licensed 
premises and off the licensed premises on the exterior of a motor vehicle in accordance 
with this section.
4.  Voluntary sign, advertising and marketing approval.  A licensee may submit to 
the office a request for approval of any sign, advertisement or marketing materials the 
licensee intends to use. The request must include the following information as applicable:
A.  A digital or physical sample of the sign, advertisement or marketing materials for 
which approval is requested; and
B.  Any additional information required on the sign, advertisement or marketing 
materials approval request form provided by the office and available on the office's 
publicly accessible website.
The office may not refuse to review any voluntary request for approval. The office may 
deny any sign, advertisement or marketing materials it determines do does not comply with 
this chapter or the rules adopted pursuant to this chapter. Within 30 days of submission of 
the request, the office shall issue a written decision either approving or denying the request, 
including the reason for denial, if applicable.  If the request is approved, the office may not 
take any enforcement action of any kind against the licensee solely for using the approved 
sign, advertisement or marketing materials.
SUMMARY
This bill amends the provisions of law regarding signs, advertising and marketing for 
medical use cannabis and adult use cannabis. The bill prohibits all forms of marketing and 
advertising except for the following:
1. Establishing a website or other Internet-based presence containing only general 
information on contact information, location, hours and products available;
2. Listings in business directories; and
3. The use of signs on the registered caregiver's, dispensary's or adult use cannabis 
licensee's premises.
The bill establishes requirements for signs located on the registered caregiver's, 
dispensary's or adult use cannabis licensee's premises. It also allows for the Department of 
Administrative and Financial Services, Office of Cannabis Policy to review voluntary 
requests for approval of adult use cannabis licensees' signs.