44:90:10:14. Labeling prohibitions. No label may:
(1) Include representations as to cannabinoid content or to the absence of pesticides, mold, or other contaminants, other than to provide the results of analysis performed by a cannabis testing facility certified in accordance with this article;
(2) Make claims regarding health or physical benefits to the consumer;
(3) Include any false or misleading statements;
(4) Obscure identifying information or warning statements;
(5) Use any trademark without authorization;
(6) Depict a human, animal, creature, vehicle, fruit, cartoon character, toy, emoji, or other artwork likely or intended to appeal to anyone under 21 years of age;
(7) Include the word “candy” or “candies”; or
(8) Refer to any item typically marketed to persons under 21 years of age.
Source: 48 SDR 40, effective October 5, 2021.
General Authority: SDCL 34-20G-72(7).
Law Implemented: SDCL 34-20G-72(5).
44:90:10:14.01. Prohibited forms of advertising. Unless and until the United States Drug Enforcement Administration removes marijuana or cannabis as a Schedule I controlled substance, no establishment may advertise:
(1) On a sign or billboard, except that a dispensary may advertise on signs on its own premises;
(2) By distributing handbills in public areas or on publicly owned property;
(3) Through direct mail, phone, text, or email without verifying the recipient is a cardholder or medical cannabis establishment and offering a permanent opt-out feature;
(4) Through publication, except that a dispensary may advertise on publications within its own premises;
(5) Through radio, television, and other media; or
(6) Through a practitioner or health care facility, by placing advertising material at a practitioner’s office or health care facility, or by targeting the practitioner’s or health care facility’s patients through direct mail, phone, text, or email.
Source: 48 SDR 54, effective November 15, 2021.
General Authority: SDCL 34-20G-72(5)(i).
Law Implemented: SDCL 34-20G-72(5).
