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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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Vermont

Vermont highway shut down following rock slide

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Vermont highway shut down following rock slide


A portion of a Vermont highway has been shut down following a rock slide on Tuesday.

Vermont State Police said in an email around 1:22 p.m. that they had received a report of a rock slide on Route 5 in Fairlee, just south of the Bradford town line.

“Initial reports are of a substantial amount of rock & trees in the roadway, making travel through the area difficult or impassable,” they said. “Motorists should seek alternate routes or expect delays in the area.”

Route 5 is a nearly 200-mile, mostly two-lane highway running from the Massachusetts border to Canada.

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In an update shortly after 2 p.m., state police said Route 5 in Fairlee between Mountain Road and Sawyer Mountain Drive will remain closed while the Vermont Agency of Transportation assesses the stability of the roadway.

No further details were released.



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Maine Black Bears vs. Vermont Catamounts – Live Score – March 13, 2026

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Maine Black Bears vs. Vermont Catamounts – Live Score – March 13, 2026


Vermont meets Maine and Smith in America East Final, fresh off her 26 Pts, 12 Reb, 4 Ast game

TEAM STATS

ME

62.3 PPG 65.8

28.4 RPG 29.8

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13.4 APG 12.1

11.2 TPG 9.9

60.1 PPG Allowed 51.5

UVM

TEAM LEADERS

ME
UVM
PREVIOUS GAMES
Maine Black Bears ME

Vermont Catamounts UVM



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COMMENTARY: Vermont: The Beckoning Country

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COMMENTARY: Vermont: The Beckoning Country


Vermont has some big problems that desperately need fixing! Many of them are connected, in a variety of ways to a symptom rarely discussed. The population of Vermont is falling while the population of the United States is growing. Vermont has been losing people for the last few years. The reasons include deaths in Vermont outpace births; between 2023 and 2024 there were 1,700 more deaths than births. More people left the state than moved into Vermont. In another worrying sign the birthrate in the United States is down 25 percent since 2007 when the decline began. Another symptom may be that weekly take home pay in Vermont is about $400.00 less than the national average. Taken together these problems should set off alarms about our future.

S, it should not be a surprise that our schools throughout the state have a diminishing number of students while simultaneously school budgets are skyrocketing upward. Yes, it is costing us more to educate fewer students, and Vermonters are rarely wealthy. Maintaining quality schools is expensive. The average pay for public school teachers in the United States is $72,030. The average pay for a public-school teacher in Vermont is only $52,559. A nearly $20,000 gap is hardly an incentive to attract the best of the best. Good teachers are a precious commodity.

Gov. Phil Scott has demanded the Legislature do something about education costs in the Green Mountain State. Legislators have been spending much more time on this problem than any other facing the state. There have been various proposals, one of the latest is from Sen. Seth Bongartz of Manchester that would create a two year “ramp period” for school districts to merge voluntarily. Two years is a long time to wait when the problem is financially urgent. School mergers are inevitable in many areas which will mean the eventual closing of several small elementary schools. The closing in many cases means long bus rides for little kids.

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One idea that has not been discussed is increasing, substantially, Vermont’s population over the next decade or so. We don’t have enough students to make financial sense for our small rural schools. We need more property-owning people whose taxes will help balance our cash-strapped education budgets. Why doesn’t the Legislature think about a campaign to entice people to move to the Green Mountain state?

In the 1960s Vermont’s economic development officials, under new Gov. Phil Hoff, launched a marketing campaign that was known as “Vermont the Beckoning Country.” The campaign was remarkably successful, bringing thousands of people to a place that at that time had largely skipped the Industrial Revolution. Vermont’s ski industry began growing by leaps and bounds then, bringing in large numbers of people new to the state. Entrepreneurs, many of them World War II veterans, began developing ski resorts in the Green Mountains. They attracted thousands of visitors and some of those visitors fell in love with Vermont. They stayed. These Flatlanders changed the state, making it more liberal, and more environmentally conscious. Gov. Hoff, the first Democrat elected governor since 1853, was followed by a wave of successful liberal politicians who turned Vermont from red to blue. People can differ about the whether the political transformation improved the state or destroyed it, but the state undoubtedly grew more prosperous.

Vermont has plenty of land that can be used to build new housing. New people can bring fresh ideas and the capital needed to create new businesses with good jobs. More families living in more houses means more property taxes going to schools. It should also lighten the load for the current financially stressed Vermonters.

A well-financed advertising campaign to entice new people to make Vermont their home will make us more prosperous. More taxpayers can be one of the many solutions needed to save our struggling education system.

Clear the cobwebs off the old slogan and invite a whole new crop of young, energetic families to Vermont the Beckoning Country!

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Eric Peterson lives in Bennington. Opinions expressed by columnists do not necessarily reflect the views of Vermont News & Media. 



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