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Marketing Cannabis and Marijuana in Massachusetts

Massachusetts Weed Web

What you need to know about Marketing your Cannabis Marijuana business in Massachusetts

The draft legislation for the sale and use of Cannabis Marijuana is now available, You can see the full Draft Legislation Here

Total state excise and sales tax on marijuana are scheduled to come in at a total of 10% of all product sales. In addition, local towns will be free to tax marijuana sales at up to 2% of the total sales price for product sales. Marijuana products will effectively be permitted for sale to anyone over the age of 21. Medical marijuana dispensaries that open under the state’s RMD licensing program will still be allowed to sell marijuana tax-free to qualifying patients, but the future of that market is uncertain at this point.

The state’s Department of Health is responsible for the Medical Use of Marijuana Program. In order to operate a Registered Marijuana Dispensary (RMD), an applicant must apply for an RMD Certificate of Registration. The application process requires that an applicant first file an application of intent.
Businesses may open on July 1st, 2018 at the earliest. Until that date, businesses with the highest level of experience operating medical marijuana treatment centers will be issues licenses first. After that, there will be a lottery system for applicants that meet the qualifications.

I have included the sections I felt are relevant to Web Marketing your Cannabis business. You should keep these guidelines in mind when planning your websites look feel and customer outreach I would keep an eye on what the Massachusetts Canibus Commision and the changes to this legislation.

Some High Lights

Local sponsorship looks limited to Adult / Over 21 crowds.

(D) Marketing and Advertising Requirements
(1) Permitted Practices
(a) A Marijuana Establishment may develop a logo to be used in labeling, signage, and
other materials; provided, however, that use of medical symbols, images of marijuana,
related paraphernalia and colloquial references to cannabis and marijuana are prohibited
from use in this logo.
(b) Sponsorship of a charitable, sporting or similar event, except that advertising,
marketing, and branding at, or in connection with, such an event, is prohibited unless at
least 85 per cent of the audience is reasonably expected to be 21 years of age or older, as
determined by reliable, up-to-date audience composition data;
(c) A Marijuana Establishment may display, in secure, locked cases, samples of each
product offered for sale and subject to the requirements of 935 CMR 500.110. These
display cases may be transparent; and an authorized marijuana establishment agent may
remove a sample of marijuana from the case and provide it to the consumer for
inspection, provided the consumer may not consume or otherwise use the sample unless

Warning labels on your products and pages

Looks like you will need to add some legal warnings to the website and marketing materials.

I like the second and fourth warning!

(d) A Marijuana Establishment may engage in reasonable marketing, advertising and
branding practices that are not otherwise prohibited in 935 CMR 500.105(D)(2) that do
not jeopardize the public health, welfare or safety of the general public or promote the
diversion of marijuana or marijuana use in individuals under 21 years of age. Any such
marketing, advertising and branding created for viewing by the public shall include the
statement “Please Consume Responsibly,” in a conspicuous manner on the face of the
advertisement and shall include a minimum of two (2) of the following warnings in their
entirety in a conspicuous manner on the face of the advertisement:
i. “This product may cause impairment and may be habit forming.”
ii. Marijuana can impair concentration, coordination and judgment. Do not
operate a vehicle or machinery under the influence of this drug.”
iii. “There may be health risks associated with consumption of this product.”
iv. “For use only by adults 21 years of age and older. Keep out of the reach of
v. “Marijuana should not be used by women who are pregnant or breastfeeding


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