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).