A Bumpy Ride For The Future Of Cannabis Ads On Radio And TV –

Now that the Office of Cannabis Management has unveiled regulations for the Conditional Adult Use Retail Dispensary (CAURD) license, these licensees are positioned to make the first legal cannabis sales in New York before the end of 2022 .Once sales are legal, many companies will. pursue the marketing and advertising of marijuana, in accordance with the applicable regulations. But what kind of ads will or will be allowed has been somewhat of a question mark. Since this is a volatile space right now, it’s essential that cannabis ads adhere to local and federal laws.

Will marijuana ads be allowed on radio and television?

As we reported last month, Congress appeared to have moved forward with an effort to allow television and radio stations to begin accepting cannabis ads in states where medical and/or adult use is legal. Indeed, the House Appropriations Committee advanced the general government and financial services appropriations bill for fiscal year 2023, which includes provisions that would eliminate the ability of the Federal Communications Commission (“FCC “) to take administrative action against broadcasters for accepting cannabis ads in states where the use has been legalized.

However, the Senate Appropriations Committee published
her FCC budget proposal, which includes no provision on cannabis ads. Some industry experts have described the effort as a “setback” for the future of cannabis ads on TV and radio. Despite this reported hurdle, a New Mexico Democratic senator, Ben Ray Lujan, recently introduced a bill that would allow television and radio stations to accept advertising for legal cannabis products, as long as the station is licensed in a state that allows the advertising of cannabis for medical use or for adults.

Where does this controversy leave cannabis ads?

The proposed bill, also known as the Safe and Fair Advertising Act (“SAFETY”), would allow broadcasters to accept cannabis ads in accordance with state laws. Among other things, the bill would “prohibit the FCC from denying a license renewal, license transfer or requiring an early renewal application if a station chooses to air cannabis advertisements from a legitimate seller.” Clearly, there are parties on each side of the issue and the legality of running cannabis ads on radio and television is still in a state of uncertainty.

This makes it even more important for companies to exercise extreme caution when attempting to market or advertise cannabis and marijuana products. Accordingly, marketing entities should certainly consult with an experienced marketing attorney to ensure that their cannabis advertisements comply with applicable state and federal regulations.

Recent blog posts:

Does Congress Approve Cannabis Ads on TV and Radio?

The Cannabis Board Approves New York’s Marijuana Marketing Rules

Let’s Get Into the Weed: A Guide to Marijuana Marketing

The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought regarding your specific circumstances.