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State by State Background
South Dakota

Cannabis Advertising State Regulations

Download the State By State Cannabis Ad Regulations Ebook

South Dakota State Advertising Regulations

In North Dakota, medical cannabis advertisements must clearly state that the product is for medical use by qualifying patients only and include the medical cannabis establishment identification number. Ads must avoid deceptive or misleading statements and cannot make unverified potency claims, depict cannabis consumption, or show pregnancy, breastfeeding, or the operation of vehicles and machinery. Additionally, ads are prohibited from using candy imagery, non-cannabis trademarks, or encouraging illegal activities like transporting cannabis across state lines. Claims of safety, curative effects, health benefits, or excessive consumption are also forbidden.

For digital advertising, including websites, social media, and mobile apps, North Dakota regulations require that ads verify the recipient's age and include a permanent opt-out feature. These measures ensure that digital ads reach only appropriate audiences and comply with state laws.

Discounts / Promotions:

Allowed

Creative Guidelines:

  • Required Information: Include “For medical use by qualifying patients only” and the establishment ID in all ads.
  • Prohibited Claims: Avoid false statements, potency claims beyond cannabinoid content, and suggestions of health benefits or safety endorsements.
  • Content Restrictions: Do not depict cannabis consumption, pregnancy, breastfeeding, or operations of vehicles. Avoid candy imagery, parodies, or illegal activities.
  • Digital Ads: Ensure age verification and include a permanent opt-out feature for web, social media, and mobile ads.
  • Synopsis:

    Any advertisement must contain the following information:

    (1) A statement: For medical use by qualifying patients only; and

    (2) The medical cannabis establishment identification number of the establishment responsible for the advertisement.

    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.

    Any advertising on websites, social media, or mobile applications must include:

    (1) A verification that the recipient is not an age-restricted cardholder; and

    (2) A permanent opt-out feature.

    Disclaimer

    Please note that we are not legal professionals, and the information provided in this article should not be interpreted as legal advice. We strongly recommend consulting with legal counsel to ensure compliance with all applicable laws and regulations.