Updated at 5:11 p.m. A Middlebury cannabis retailer contends in a new lawsuit that Vermont's restrictive rules on advertising its products infringe on constitutional rights to free speech and are hurting the legal weed market. Dave Silberman, who co-owns FLŌRA Cannabis, filed the 20-page complaint on Monday in Addison County. It names as defendants the Vermont Cannabis Control Board; its chair, James Pepper; and its executive director, Olga Fitch. "Defendants' unconstitutional actions are detrimental to the generally understood and Legislatively acknowledged goal of protecting the health and safety of Vermont's adult cannabis users," the suit says. The suit asks the court for an injunction to stop the state from enforcing the advertising regulations and to order the creation of "constitutionally appropriate" ones with input from those in the industry. Vermont's cannabis advertising rules rankle those in the industry — as well as as newspapers and radio stations that benefit from advertising dollars. (Seven Days, for instance, runs cannabis ads.) Silberman, an attorney who opened his shop on October 1, 2022 — the first day of legal weed sales in Vermont — has been among the most outspoken against the advertising regulations. [content-2] Given the pushback over the years, Pepper, the control board chair, said the suit wasn't a surprise. Some lawmakers initially wanted to ban advertising completely, Pepper said, but the Attorney General's Office realized that would be "overly broad" and "overly restrictive on otherwise protected speech." The fear, Pepper said, was that cannabis advertising would follow in the footsteps of tobacco companies, which targeted kids with "Joe Camel" and other suggestive campaigns. "The compromise was to loosen it up a bit but try to keep it restrictive," Pepper said. Pepper declined to weigh in on the merits of the lawsuit but said the board will continue to take its direction from the legislature, whether changes are required or not. "I think the only time that we have a real concern is when we need additional resources at the board to actually achieve what's being asked of us," he said. Current rules require all ads to be approved in advance by Vermont Cannabis Control Board staff. Media outlets must prove that less than 15 percent of their audience is under 21. Ads may not offer samples or prizes or feature cartoon characters or toys that might appeal to children. Each ad must include a 135-word health warning. Reading the…