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Vermont cannabis retailer's lawsuit argues advertising regulations violate free speech

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Vermont cannabis retailer's lawsuit argues advertising regulations violate free speech


Early next week, a Vermont judge will consider a legal motion that could have a tremendous impact on the state’s retail cannabis industry.

The case involves regulations for how stores can advertise their products, which the plaintiffs argue violate free speech protections in the Vermont Constitution.

A retail store in Middlebury, FLŌRA Cannabis, filed the lawsuit, and a number of other cannabis businesses have joined.

How did the state’s cannabis advertising regulations become what they are now?

Restrictions on advertising were included in the original bill that legalized the cannabis retail marketplace, which passed in 2020.

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When lawmakers considered this issue at that time, the bill that passed the House prohibited all types of advertising. But that didn’t sit well with the Senate, and so a compromise was reached:

All ads, including radio, TV, newspaper and social media posts have to first be approved by the Cannabis Control Board to make certain that those ads don’t appeal to younger people and don’t include misleading statements, therapeutic claims or promote overconsumption. And the ads must also include a lengthy health warning.

They don’t want to promote consumption. They don’t want to create new consumers. And so how do you thread that needle?

James Pepper, chair, Cannabis Control Board

James Pepper, the chair of the Cannabis Control Board, is one of the defendants in this case. He said over the last two years, the board has received almost 600 advertising requests from various retailers, and it’s approved 55% of them.

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He said there’s a reason why lawmakers included these restrictions in the original bill.

“Part of the rationale, again, is an acknowledgement that people are consuming cannabis, and it would be a net benefit for public health to have them consuming a product that’s been tested,” Pepper said. “But they don’t want to promote consumption. They don’t want to create new consumers. And so how do you thread that needle?”

What specific issues does the lawsuit address?

Dave Silberman, owner of FLŌRA Cannabis, said the restrictions on advertisements, particularly the prior approval rules, violate the free speech rights of the Vermont Constitution. That’s Chapter 1 Article 13, which says, “The people have a right to freedom of speech and of writing and publishing their sentiments.”

Silberman argues that the state’s restrictions are having a very negative economic impact on all aspects of the state’s cannabis industry.

“It’s losing this money to fewer people buying cannabis from stores,” Silberman said. “There’s still a strong black market for cannabis in Vermont that is not regulated, and so consumers lose, public safety loses, taxpayers lose and then we, as the cannabis industry, lose.”

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Silberman also said the state is being hypocritical. That’s because, on one hand, he said it wants to get tens of millions of dollars in new revenue from the sale of cannabis, but it doesn’t want to be in the position of allowing the promotion of this product.

“What they’re really trying to do is keep us from talking with adult consumers about cannabis and normalizing cannabis in society,” Silberman said. “They want to perpetuate a stigma that is not appropriate when you’re talking about a product that at the state level is legal now.”

How do legal experts view the case?

They’re fascinated by it. Jared Carter, a constitutional law professor at Vermont Law School, said a key part of this case is the recognition that the retail sale of cannabis is now a lawful activity in Vermont.

The fact that this is illegal at the federal level and legal at state level creates a real conundrum for the courts.

Jared Carter, constitutional law professor, Vermont Law School

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“If the plaintiffs can get past that, and the court, in this case, the court looks at Vermont law, in which case, it is obviously lawful, then I think the plaintiff’s claim is quite, quite strong,” Carter said. “But it’s really going to be that threshold issue, and it does tie back to exactly that: The fact that this is illegal at the federal level and legal at state level creates a real conundrum for the courts.”

Carter said the outcome could be affected if the lawsuit is considered under the provisions of the Vermont Constitution.

How do other states with legal retail cannabis deal with advertising?

They vary. Many focus on not promoting products to people under 21. Others prohibit false claims. Some regulate the signage at the stores themselves. And there are some states that don’t have any restrictions at all.

James Pepper said it’s a case where every state is making this decision for themselves.

“You know, every state gets to kind of choose its own adventure with how they’re going to regulate cannabis until there’s federal legalization,” he said. “You know, you’re going to get a patchwork of opinions from the various state courts.”

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Where does the case go from here? 

The plaintiffs are asking for two things: They’re seeking an injunction to prohibit the state from enforcing the current advertising restrictions. And, if they’re successful, they’re calling for the development of regulations that allow them to responsibly advertise their products.

It may take a little while for a decision to be handed down, and it’s certainly possible that the decision ultimately will be appealed to the Vermont Supreme Court.

Have questions, comments or tips? Send us a message.





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VT Lottery Powerball, Gimme 5 results for May 11, 2026

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Powerball, Mega Millions jackpots: What to know in case you win

Here’s what to know in case you win the Powerball or Mega Millions jackpot.

Just the FAQs, USA TODAY

The Vermont Lottery offers several draw games for those willing to make a bet to win big.

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Those who want to play can enter the MegaBucks and Lucky for Life games as well as the national Powerball and Mega Millions games. Vermont also partners with New Hampshire and Maine for the Tri-State Lottery, which includes the Mega Bucks, Gimme 5 as well as the Pick 3 and Pick 4.

Drawings are held at regular days and times, check the end of this story to see the schedule.

Here’s a look at May 11, 2026, results for each game:

Winning Powerball numbers from May 11 drawing

24-30-37-56-64, Powerball: 07, Power Play: 3

Check Powerball payouts and previous drawings here.

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Winning Gimme 5 numbers from May 11 drawing

11-15-17-19-27

Check Gimme 5 payouts and previous drawings here.

Winning Pick 3 numbers from May 11 drawing

Day: 4-9-2

Evening: 5-4-6

Check Pick 3 payouts and previous drawings here.

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Winning Pick 4 numbers from May 11 drawing

Day: 4-3-0-3

Evening: 9-4-1-3

Check Pick 4 payouts and previous drawings here.

Winning Megabucks Plus numbers from May 11 drawing

06-07-08-12-27, Megaball: 05

Check Megabucks Plus payouts and previous drawings here.

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Winning Millionaire for Life numbers from May 11 drawing

42-45-46-48-56, Bonus: 03

Check Millionaire for Life payouts and previous drawings here.

Feeling lucky? Explore the latest lottery news & results

Are you a winner? Here’s how to claim your lottery prize

For Vermont Lottery prizes up to $499, winners can claim their prize at any authorized Vermont Lottery retailer or at the Vermont Lottery Headquarters by presenting the signed winning ticket for validation. Prizes between $500 and $5,000 can be claimed at any M&T Bank location in Vermont during the Vermont Lottery Office’s business hours, which are 8a.m.-4p.m. Monday through Friday, except state holidays.

For prizes over $5,000, claims must be made in person at the Vermont Lottery headquarters. In addition to signing your ticket, you will need to bring a government-issued photo ID, and a completed claim form.

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All prize claims must be submitted within one year of the drawing date. For more information on prize claims or to download a Vermont Lottery Claim Form, visit the Vermont Lottery’s FAQ page or contact their customer service line at (802) 479-5686.

Vermont Lottery Headquarters

1311 US Route 302, Suite 100

Barre, VT

05641

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When are the Vermont Lottery drawings held?

  • Powerball: 10:59 p.m. Monday, Wednesday, and Saturday.
  • Mega Millions: 11 p.m. Tuesday and Friday.
  • Gimme 5: 6:55 p.m. Monday through Friday.
  • Lucky for Life: 10:38 p.m. daily.
  • Pick 3 Day: 1:10 p.m. daily.
  • Pick 4 Day: 1:10 p.m. daily.
  • Pick 3 Evening: 6:55 p.m. daily.
  • Pick 4 Evening: 6:55 p.m. daily.
  • Megabucks: 7:59 p.m. Monday, Wednesday and Saturday.
  • Millionaire for Life: 11:15 p.m. daily

What is Vermont Lottery Second Chance?

Vermont’s 2nd Chance lottery lets players enter eligible non-winning instant scratch tickets into a drawing to win cash and/or other prizes. Players must register through the state’s official Lottery website or app. The drawings are held quarterly or are part of an additional promotion, and are done at Pollard Banknote Limited in Winnipeg, MB, Canada.

This results page was generated automatically using information from TinBu and a template written and reviewed by a Vermont editor. You can send feedback using this form.



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Commentary | Afonso-Rojas: Who pays when businesses ignore risks?

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Commentary | Afonso-Rojas: Who pays when businesses ignore risks?


In 2024, when Vermont passed the nation’s first Climate Superfund law (Act 47), it did something unusual; it sent a bill. After catastrophic flooding that turned roads into rivers, damaged homes and businesses, and strained public budgets, our little green state moved to require major fossil fuel companies, such as ExxonMobil, Chevron, Shell USA, and BP America, to help pay for the costs of climate damage. It was a striking moment for policy innovation and corporate accountability. Implicit in the law is a simple idea: these costs were predictable, and someone chose not to plan for them.

For community members across Vermont, and in similar towns nationwide, Vermont’s decision is a call to action. When major companies avoid managing environmental risks, local residents pay the price through higher taxes, damaged homes, disrupted livelihoods, and strained public services. “Good” business should mean safeguarding the communities they rely on, not shifting costs onto neighbors and taxpayers. Every time companies ignore these risks, the burden lands on local taxpayers and community budgets, not just corporate balance sheets.

Thus, community benefit must be proactively built into business models from the start. They must choose prevention over mitigation. Vermont’s Climate Superfund law makes clear that when companies fail to invest in local resilience, the burden shifts to taxpayers and neighbors. Too often, companies take from communities without investing in their strength. When disaster strikes, the community pays first, while corporate donations often arrive too late or are motivated more by public relations than genuine support.

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This is inadequate and inefficient, leaving communities vulnerable and weary. Companies that prioritize local hiring, invest in regional supply chains, and partner with community organizations create stronger, more resilient neighborhoods and consumers. Local procurement reduces supply chain disruptions, and partnerships with governments and nonprofits ensure investments address real needs. Embedding community benefit is not charity; it is smart risk management that protects both businesses and residents.

However, purpose without power is empty. Many companies continue to fall into the trap of confusing “purpose” with performance, as mission statements and sustainability pledges have become synonymous with largely symbolic changes. Executives continue to be rewarded for short-term financial gains rather than long-term resilience or community impact. This results in sustainability commitments often being sidelined when they conflict with quarterly targets. If companies are serious about sustainability, they must collaborate, employ, and invest locally to reduce long-term risks and improve communities’ well-being.

Some critics of Act 47 may argue that requiring businesses to invest in sustainability and community resilience imposes unnecessary costs. But these costs do not vanish. When companies fail to manage environmental risks, families pay higher taxes, local governments stretch their budgets, and communities face lasting hardships. Vermont’s Climate Superfund law puts the responsibility back on those who caused the harm, rather than allowing community members to bear the weight.

Addressing these challenges requires companies to work directly with their stakeholders. Multi-stakeholder solutions and collaborations between businesses, governments, NGOs, and labor groups are essential for achieving meaningful impact. For example, working with local governments can improve infrastructure planning, while collaboration with community organizations ensures that projects address real needs. These partnerships transform sustainability from a corporate initiative into a collective effort with broader and more lasting benefits.

Vermont’s Climate Superfund law is, in many ways, a response to communities being left to bear the consequences of unmanaged risks. Companies must embed community benefit into their operations, align incentives with long-term outcomes, and engage in partnerships that extend beyond their own walls. Because when the bill for unmanaged risk comes due, it lands squarely on the community.

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Vi Afonso-Rojas is an Honors student at the University of Rhode Island, double-majoring in Supply Chain Management and Environmental and Natural Resource Economics. The opinions expressed by columnists do not necessarily reflect the views of Vermont News & Media.



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VT Lottery Pick 3, Pick 3 Evening results for May 10, 2026

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Powerball, Mega Millions jackpots: What to know in case you win

Here’s what to know in case you win the Powerball or Mega Millions jackpot.

Just the FAQs, USA TODAY

The Vermont Lottery offers several draw games for those willing to make a bet to win big.

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Those who want to play can enter the MegaBucks and Lucky for Life games as well as the national Powerball and Mega Millions games. Vermont also partners with New Hampshire and Maine for the Tri-State Lottery, which includes the Mega Bucks, Gimme 5 as well as the Pick 3 and Pick 4.

Drawings are held at regular days and times, check the end of this story to see the schedule.

Here’s a look at May 10, 2026, results for each game:

Winning Pick 3 numbers from May 10 drawing

Day: 3-7-1

Evening: 7-1-8

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Check Pick 3 payouts and previous drawings here.

Winning Pick 4 numbers from May 10 drawing

Day: 5-6-1-9

Evening: 1-7-2-0

Check Pick 4 payouts and previous drawings here.

Winning Millionaire for Life numbers from May 10 drawing

01-03-20-35-46, Bonus: 05

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Check Millionaire for Life payouts and previous drawings here.

Feeling lucky? Explore the latest lottery news & results

Are you a winner? Here’s how to claim your lottery prize

For Vermont Lottery prizes up to $499, winners can claim their prize at any authorized Vermont Lottery retailer or at the Vermont Lottery Headquarters by presenting the signed winning ticket for validation. Prizes between $500 and $5,000 can be claimed at any M&T Bank location in Vermont during the Vermont Lottery Office’s business hours, which are 8a.m.-4p.m. Monday through Friday, except state holidays.

For prizes over $5,000, claims must be made in person at the Vermont Lottery headquarters. In addition to signing your ticket, you will need to bring a government-issued photo ID, and a completed claim form.

All prize claims must be submitted within one year of the drawing date. For more information on prize claims or to download a Vermont Lottery Claim Form, visit the Vermont Lottery’s FAQ page or contact their customer service line at (802) 479-5686.

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Vermont Lottery Headquarters

1311 US Route 302, Suite 100

Barre, VT

05641

When are the Vermont Lottery drawings held?

  • Powerball: 10:59 p.m. Monday, Wednesday, and Saturday.
  • Mega Millions: 11 p.m. Tuesday and Friday.
  • Gimme 5: 6:55 p.m. Monday through Friday.
  • Lucky for Life: 10:38 p.m. daily.
  • Pick 3 Day: 1:10 p.m. daily.
  • Pick 4 Day: 1:10 p.m. daily.
  • Pick 3 Evening: 6:55 p.m. daily.
  • Pick 4 Evening: 6:55 p.m. daily.
  • Megabucks: 7:59 p.m. Monday, Wednesday and Saturday.
  • Millionaire for Life: 11:15 p.m. daily

What is Vermont Lottery Second Chance?

Vermont’s 2nd Chance lottery lets players enter eligible non-winning instant scratch tickets into a drawing to win cash and/or other prizes. Players must register through the state’s official Lottery website or app. The drawings are held quarterly or are part of an additional promotion, and are done at Pollard Banknote Limited in Winnipeg, MB, Canada.

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This results page was generated automatically using information from TinBu and a template written and reviewed by a Vermont editor. You can send feedback using this form.



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