-
Get involved.
We want your input!
Apply for Membership and join the conversations about everything related to broadcasting.
After we receive your registration, a moderator will review it. After your registration is approved, you will be permitted to post.
If you use a disposable or false email address, your registration will be rejected.
After your membership is approved, please take a minute to tell us a little bit about yourself.
https://www.radiodiscussions.com/forums/introduce-yourself.1088/
Thanks in advance and have fun!
RadioDiscussions Administrators
Cannabis
- Thread starter bossbill
- Start date
I can't really speak for Seattle, but here in "conservative" Eastern Washington there are plenty of radio ads for pot shops. Perhaps Western shops don't have the need to advertise, haha.
Not sure about Seattle stations, but it is an interesting debate.. I'm not a lawyer, nor have I ever played one on TV, but it seems to me that operating a federally licensed broadcast station and advertising what is still considered a Controlled Substance: http://www.safeaccessnow.org/federal_marijuana_law would be a hazard.
Something similar could be compared with regards to banks: Grow-Operations and Dispensaries have had a tough time getting a bank account in Washington State and Colorado, since banks are regulated and insured under the FDIC. It would be illegal for the bank to knowingly do business with an organization that is in violation of federal laws, so I imagine the same would hold true for a federally licensed broadcast station.
You may remember Bill, back in the 70's when stations like KZOK were just gaining popularity, 'Head Shops' were trying to buy advertising on the station(s). In spite of trying to be somewhat cryptic about what the shop sold, there were enough complaints to the FCC, that the station finally decided the juice wasn't worth the squeeze.
I have never heard ads on radio or seen them on TV. But billboards and newspapers, not as heavily regulated, seem to be prime source of advertising. May even be eclipsed by the "dude spinning a sign" marketing method!!
You cannot drive more than 1/2 mile without passing a billboard in Spokane Valley. One place has the exact same ad on 2 billboards saying "you just passed us" for people driving either direction on the one way streets.
We have plenty of billboard advertising, but I can't say I recall any radio or TV over here. Seatownmedia's right though... there's plenty of it on the East side. It surprised me to hear a well-produced cannabis ad on the radio as I was driving through Yakima.
You'd think the alcohol and tobacco advertising rules would also apply to pot...
You'd think the alcohol and tobacco advertising rules would also apply to pot...
I would think most pot smokers would forget the radio commercial almost after it plays. Versus Billboards every 1/2 mile leading the way. There is a reason there are two billboards saying "You Just Passed Us"...Oh yeah that's what I was doing.
Maybe a catchy tune like "cars for kids" would help memory retention on a radio ad.
Maybe a catchy tune like "cars for kids" would help memory retention on a radio ad.
There are no alcohol advertising rules; there is guidance from liquor industry trade associations regarding audience composition and scheduling.
Radio had guidance from the NAB Code, but that was declared to constitute collusion decades ago.
Tobacco ads were banned from radio and TV by the Federal Government at the conclusion of 1970.
As someone who works in a cannabis shop, this is news to me. We were told when we were getting our license that broadcast radio/TV advertising was completely off limits because of it's federally licensed status. But it isn't like getting customers to a pot shop is exactly a hard thing these days. It's a booming business in states where it's recreationally legal. The sales of alcohol v. cannabis are about the same now with cannabis to overtake alcohol in WA in the next few years.
Yes, we know the threats of the current administration. But it's very unlikely Sessions will act on his threats. It's very hard to argue with a $5 billion dollar industry. Second, WA state gets a windfall in revenue in cannabis sales. And our AG has promised to protect it.
The banking issue has been resolved to a small degree by processing via ATM. You go in, find a product you want, hand us your bank/credit card, we swipe it (we're getting chip readers next month) and give it back to you with a keypad for your PIN. There's a $2.50 ATM fee. We round everything out to the next $5 (since it's technically an ATM withdrawal) and you get whatever change.
And yes, I know about the KBAI switch (I knew when they got the 98.9 translator they were going to some music format. But I assumed it would be country.)
Yes, we know the threats of the current administration. But it's very unlikely Sessions will act on his threats. It's very hard to argue with a $5 billion dollar industry. Second, WA state gets a windfall in revenue in cannabis sales. And our AG has promised to protect it.
The banking issue has been resolved to a small degree by processing via ATM. You go in, find a product you want, hand us your bank/credit card, we swipe it (we're getting chip readers next month) and give it back to you with a keypad for your PIN. There's a $2.50 ATM fee. We round everything out to the next $5 (since it's technically an ATM withdrawal) and you get whatever change.
And yes, I know about the KBAI switch (I knew when they got the 98.9 translator they were going to some music format. But I assumed it would be country.)
I've haven't seen actual marijuana dispensaries on TV, but KZJO 22.3 (Antenna TV) regularly broadcasts commercials for Mary Jane's House of Glass. It's really odd to see their commercials in the middle of "Mr. Ed" or even "Father Knows Best" (what, are stoners big Robert Young fans?).
Glass shops/head shops that sell bongs, dabbing rigs and pipes are an exception because they do not sell the actual products used in them.
If the shop sold also cannabis too, that would be a MAJOR no-no.
When cannabis shops advertise, it's usually in print (or on a billboard less than 1,000 feet away from the shop and those are only for directions to the store.) Always with a disclaimer (even if the products mentioned in the advertising are not cannabis. Even for simple holiday greetings) and more often than not, in free regional cannabis-related magazines (such as Northwest Leaf, Dope, etc.), e-mail advertising to our customers or publications not targeted to those under than 21 (such as the Grassifieds section of The Stranger,)
The actual laws for cannabis shop advertising on radio/TV as I currently know it from our lawyer are "No." and "Don't even ask". The state guidelines appear to be more vague. But then again, this is why we have a lawyer.
https://lcb.wa.gov/mj2015/faq_i502_advertising#traditionaladv
The federal laws on cannabis will have to change before we have any radio/TV advertising plans. There's a HUGE, juicy, untapped frontier for radio/TV broadcasting sales departments right there. And they all know it. They've watched the growth. They have ideas. But neither one of us can do anything now until the game changes federally.
Perhaps the NAB and the rest of the broadcasting industry can help by having a nice big "growth and opportunity" talk with the cannabis industry leaders and Ajit Pai (I hear he's a golfing buddy of Jeff Sessions.)
WASHINGTON STATE REGULATIONS ARE FAIRLY SPECIFIC:
WAC 314-55-155
Advertising.
(1) Advertising by retail licensees. The WSLCB limits each retail licensed premises to a maximum of two separate signs identifying the retail outlet by the licensee's business name or trade name. Both signs must be affixed to the building or permanent structure and each sign is limited to sixteen hundred square inches.
(2) General. All marijuana advertising and labels of usable marijuana, marijuana concentrates, and marijuana-infused products sold in the state of Washington must not contain any statement, or illustration that:
(a) Is false or misleading;
(b) Promotes over consumption;
(c) Represents the use of marijuana has curative or therapeutic effects;
(d) Depicts a child or other person under legal age to consume marijuana, or includes:
(i) Objects, such as toys, characters, or cartoon characters suggesting the presence of a child, or any other depiction designed in any manner to be especially appealing to children or other persons under legal age to consume marijuana; or
(ii) Is designed in any manner that would be especially appealing to children or other persons under twenty-one years of age.
(3) No licensed marijuana producer, processor, or retailer shall place or maintain, or cause to be placed or maintained, an advertisement of marijuana, marijuana concentrates, usable marijuana, or a marijuana-infused product in any form or through any medium whatsoever:
(a) Within one thousand feet of the perimeter of a school grounds, playground, recreation center or facility, child care center, public park, library, or a game arcade admission to which it is not restricted to persons aged twenty-one years or older;
(b) On or in a public transit vehicle or public transit shelter; or
(c) On or in a publicly owned or operated property.
(4) Promotional items such as giveaways, coupons, and distribution of branded or unbranded merchandise are banned.
(5) Marijuana retail licensees holding a medical marijuana endorsement may donate product to qualifying patients or designated providers who hold a valid recognition card. Retail licensees may not advertise "free" or "donated" product.
(6) All advertising must contain the following warnings:
(a) "This product has intoxicating effects and may be habit forming.";
(b) "Marijuana can impair concentration, coordination, and judgment. Do not operate a vehicle or machinery under the influence of this drug.";
(c) "There may be health risks associated with consumption of this product."; and
(d) "For use only by adults twenty-one and older. Keep out of the reach of children."
[Statutory Authority: RCW 69.50.342 and 69.50.345. WSR 16-11-110, § 314-55-155, filed 5/18/16, effective 6/18/16. Statutory Authority: RCW 69.50.325, 69.50.331, 69.50.342, 69.50.345. WSR 13-21-104, § 314-55-155, filed 10/21/13, effective 11/21/13.]
An interpretation which I have read is that there is no way to geo-block radio and television signals from being received within the 1,000 foot limit from the perimeter. Newspapers, however, can theoretically be banned from use on campus!
The prohibition is not on the media, it is on the pot retailer.
But then there's the pesky Federal regulations on the broadcasters.
Why then is the state not clamping down on pot shops for advertising on radio stations?
WAC 314-55-155
Advertising.
(1) Advertising by retail licensees. The WSLCB limits each retail licensed premises to a maximum of two separate signs identifying the retail outlet by the licensee's business name or trade name. Both signs must be affixed to the building or permanent structure and each sign is limited to sixteen hundred square inches.
(2) General. All marijuana advertising and labels of usable marijuana, marijuana concentrates, and marijuana-infused products sold in the state of Washington must not contain any statement, or illustration that:
(a) Is false or misleading;
(b) Promotes over consumption;
(c) Represents the use of marijuana has curative or therapeutic effects;
(d) Depicts a child or other person under legal age to consume marijuana, or includes:
(i) Objects, such as toys, characters, or cartoon characters suggesting the presence of a child, or any other depiction designed in any manner to be especially appealing to children or other persons under legal age to consume marijuana; or
(ii) Is designed in any manner that would be especially appealing to children or other persons under twenty-one years of age.
(3) No licensed marijuana producer, processor, or retailer shall place or maintain, or cause to be placed or maintained, an advertisement of marijuana, marijuana concentrates, usable marijuana, or a marijuana-infused product in any form or through any medium whatsoever:
(a) Within one thousand feet of the perimeter of a school grounds, playground, recreation center or facility, child care center, public park, library, or a game arcade admission to which it is not restricted to persons aged twenty-one years or older;
(b) On or in a public transit vehicle or public transit shelter; or
(c) On or in a publicly owned or operated property.
(4) Promotional items such as giveaways, coupons, and distribution of branded or unbranded merchandise are banned.
(5) Marijuana retail licensees holding a medical marijuana endorsement may donate product to qualifying patients or designated providers who hold a valid recognition card. Retail licensees may not advertise "free" or "donated" product.
(6) All advertising must contain the following warnings:
(a) "This product has intoxicating effects and may be habit forming.";
(b) "Marijuana can impair concentration, coordination, and judgment. Do not operate a vehicle or machinery under the influence of this drug.";
(c) "There may be health risks associated with consumption of this product."; and
(d) "For use only by adults twenty-one and older. Keep out of the reach of children."
[Statutory Authority: RCW 69.50.342 and 69.50.345. WSR 16-11-110, § 314-55-155, filed 5/18/16, effective 6/18/16. Statutory Authority: RCW 69.50.325, 69.50.331, 69.50.342, 69.50.345. WSR 13-21-104, § 314-55-155, filed 10/21/13, effective 11/21/13.]
An interpretation which I have read is that there is no way to geo-block radio and television signals from being received within the 1,000 foot limit from the perimeter. Newspapers, however, can theoretically be banned from use on campus!
The prohibition is not on the media, it is on the pot retailer.
But then there's the pesky Federal regulations on the broadcasters.
Why then is the state not clamping down on pot shops for advertising on radio stations?
And the radio spots I hear in E. Washington cover all this. I don't know how they are out line.
And the radio spots I hear in E. Washington cover all this. I don't know how they are out of line.
Several of the shops in the Seattle area have websites. One would think that the internet could be available well within 1000 feet of the perimeters of a park, school, etc. -- especially when you consider that many people get their internet via the cell phone system or Wi-fi, which would be much harder to geo-block. In fact, it's probably next to impossible.
I imagine the courts will weigh in on this sooner or later. Or the law will be changed.
- Status