S.D. Admin. R. 44:90:10:17

Current through Register Vol. 51, page 34, September 9, 2024

Section 44:90:10:17 - Prohibited content - Advertisements

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.

S.D. Admin. R. 44:90:10:17

48 SDR 040, effective 10/5/2021

General Authority: SDCL 34-20G-72(5)(i).

Law Implemented: SDCL 34-20G-72(5).