Cannabis Seller and Vermont Regulators Settle Suit Over Ads

September 26, 2025

A Middlebury cannabis shop owner has settled a lawsuit with state regulators over advertising rules that, the owner said, had stifled business opportunities and violated free speech principles. No money will exchange hands, but the resolution will loosen the regulations in some key ways.

Dave Silberman, who co-owns FLŌRA Cannabis and sued the Vermont Cannabis Control Board last December, said he’s pleased with the outcome. But he still plans to lobby the legislature this upcoming session to push for even more advertising changes.

“The importance of this is really around everyone’s constitutional right,” Silberman said. “My right to advertise is your right to receive information.”

The control board will continue to review and green-light all cannabis advertisements before they run, which was the main point of contention in the original lawsuit. But if the board has not made a decision within five days, the settlement stipulates that the ad will be considered approved. For radio ads, regulators will come up with a shortened version of a health warning that can be read in five seconds or less. The current one, which is included in all print ads and on packaging labels, is 135 words and takes some 30 seconds to read aloud.

Under the settlement, retailers can use social media accounts to describe and advertise different strains, information and promotions — though no product photos are allowed. Previously, advertising on social media was severely limited. Retailers can also advertise “buy one, get one free” offers and loyalty programs. And retailers will no longer need to get prior approval for each mass email message to customers. Instead, regulators will review an email template and give it the OK.

In an interview on Friday, control board chair James Pepper called the settlement “a commonsense approach to cannabis advertising.” He added: “It maintains the integrity of what the General Assembly’s intent was on cannabis advertising, and it simultaneously reduces administrative burden.”

Got something to say?

Send a letter to the editor and we’ll publish your feedback in print!