Text your customers within Massachusetts’s cannabis advertising rules
Massachusetts treats broadcast, non-personal marketing as advertising, which must reach an audience at least 85% likely to be 21 or older, carry required warnings, and avoid discounts, coupons, loyalty programs and price promotion for adult-use products. Every rule below links to its primary source, so you and your counsel can check it before you text customers in Massachusetts.
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Massachusetts has an adult-use and medical cannabis program
Retail licensing and advertising rules are enforced by the Cannabis Control Commission. For billboards, social media and other channels, see our cannabis advertising rules beyond texting.
These Massachusetts rules bear on texting customers
The Commission treats information a consumer specifically requests as a personalized message rather than advertising, and a 2026 statute lets the Commission permit discount and loyalty messaging through an opt-in email list, though the current regulations still apply until new ones are adopted.
- 935 CMR 500.105(4)(b)2. prohibits advertising by internet, mobile applications, social media or other electronic communication unless at least 85% of the audience is reasonably expected to be 21 or older, based on reliable and current audience composition data.
- The Commission treats information a consumer specifically requests from a licensee as a personalized message rather than "Advertising", while messages sent to consumers who did not request them and that offer no opt out are advertisements (Cannabis Control Commission bulletin, Advertising Compliance regarding Chapter 65 (Sept. 25, 2026); 935 CMR 500.002 (definition of Advertising)).
- 935 CMR 500.105(4)(b)20. prohibits advertising through free promotional items, including giveaways, discounts, points-based rewards, customer loyalty programs, coupons and free marijuana, with narrow exceptions for employee discounts and branded take-away bags.
- Chapter 65 of the Acts of 2026 amended the statute so the Commission may permit advertising of sales, discounts and loyalty programs inside an establishment or through an opt-in email list; the Commission states current regulations apply until new ones are promulgated (G.L. c. 94G, s. 4(a1/2)(xxix)(6), as amended by St. 2026, c. 65, s. 21 (effective April 19, 2026)).
- 935 CMR 500.105(4)(b)18. and (a)6. prohibits advertising the price of marijuana or marijuana products, except that an establishment may post prices in the store, answer pricing questions and post its price list on its website.
- Advertising created for viewing by the public must include the statement "Please Consume Responsibly" and at least two of the listed health warnings, conspicuously on the face of the advertisement (935 CMR 500.105(4)(a)7.).
- All advertising for marijuana or marijuana products must also include a statutory warning stating the product has not been analyzed or approved by the FDA, along with other listed health statements (935 CMR 500.105(4)(a)8.).
- 935 CMR 500.105(4)(b)4. prohibits advertising, including mascots, cartoons and celebrity endorsements, that is deemed to appeal to a person younger than 21.
- 935 CMR 500.105(4)(b)1. and 7. prohibits advertising that asserts products are safe or have curative or therapeutic effects unless supported by substantial evidence or clinical data, and prohibits deceptive, misleading, false or fraudulent advertising.
Start with consent, your store name and an opt-out line
- Text only people who opted in, and keep the record of when and how they did. Our guide to SMS opt-in and consent for dispensaries covers what to record.
- Put your store name first and an opt-out line on every text.
- Keep product details, prices and offers on an age-gated page rather than in the text, and check the wording against our list of banned words in cannabis texts.
Sticky SMS, by Sticky Cards, the loyalty and marketing platform for cannabis dispensaries, files your 10DLC registration with The Campaign Registry, with no charge for the number or the registration, and most stores are live in 1 to 2 days. How Massachusetts’s rules apply to your program stays with you and your counsel.
Work with Sticky Cards in Massachusetts
- Run a dispensary, CBD or vape shop in Massachusetts? Book a demo to see Sticky SMS.
- Run a texting agency in Massachusetts? Sticky Cards is looking for expert texting partner agencies in Massachusetts. Email support@stickycards.co to talk about working together.
Build your text program with us
Book a time and we will walk through your list, your POS and the texts you want to send, on a video call with a real person.
Book a demoFrequently asked questions
Who regulates cannabis advertising in Massachusetts?
The Cannabis Control Commission, which licenses dispensaries and enforces the advertising rules.
Where can I read Massachusetts’s rules?
Every rule on this page links to its primary source, and the Sources list below names each document with the date it was read.
Is this page legal advice?
No. It is general information with the rules cited. Rules change, so check the sources and ask your counsel.
Does Sticky SMS apply Massachusetts’s rules for me?
No. How Massachusetts’s rules apply to your program is for you and your counsel to decide.
Sources
- Cannabis Control Commission (opens in a new tab), accessed October 18, 2026
- 935 CMR 500.000 Adult Use of Marijuana, effective 09-11-2026 (Commission PDF) (opens in a new tab), accessed October 18, 2026
- Commission regulations index (opens in a new tab), accessed October 18, 2026
- Commission bulletin: Advertising Compliance regarding Chapter 65 (Sept. 25, 2026) (opens in a new tab), accessed October 18, 2026
- Commission bulletin: Advertising Activities (May 21, 2024) (opens in a new tab), accessed October 18, 2026
- M.G.L. c. 94G, s. 4 (Massachusetts Legislature) (opens in a new tab), accessed October 18, 2026