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Don't go selling spots to pot shops just yet!

davideduardo

davideduardo

Moderator/Administrator
Staff member
David Oxenford, Esq., says....

"House of Representatives Passes MORE Act to Remove Marijuana from Schedule I – Don’t Rush to Start Airing Pot Ads Yet​

Last week, the US House of Representatives passed the MORE Act which, if enacted, would take marijuana off the list of Schedule I drugs – those drugs whose possession and distribution is a federal felony, as is the use of the radio waves to promote their use. As we have warned before (see, for instance, our article here published when an earlier version of this bill passed the House in 2020), because of the laws making the sale of marijuana a federal crime and prohibiting the use of radio waves to promote that sale, broadcast stations should think twice about any marijuana advertising, even in states where it has been legalized. Thus, the passage of MORE Act through the House should not be taken as a sign to start running marijuana advertising on your broadcast station."

www.broadcastlawblog.com

House of Representatives Passes MORE Act to Remove Marijuana from Schedule I – Don’t Rush to Start Airing Pot Ads Yet

Last week, the US House of Representatives passed the MORE Act which, if enacted, would take marijuana off the list of Schedule I drugs – those drugs
www.broadcastlawblog.com
 
I'm sure there are many radio stations and chains waiting eagerly for the go-ahead to accept marijuana advertising. Interstate 91 from Hartford, CT to Northampton, MA, is awash in billboards advertising various dispensaries within handy driving distance of exits -- so far, all in Massachusetts, with Connecticut (and Vermont) expected to join in the fun later this year. Alt, active rock and even AAA are still viable formats along this corridor, home to many colleges and universities, and I can definitely see them looking to add dispensaries to their client lists. The newspapers run ads for dispensaries, too.

Incidentally, not having partaken in pot in any form since the early '80s, I stopped by a dispensary in Springfield, MA, last year, just out of curiosity and wound up buying a few edibles. The most surprising thing to me was that many of my fellow customers that morning appeared to be around my age (66) or even older. I can only surmise that younger users prefer the quality (and prices) they get in the black market.
 
DavidEduardo said:
David Oxenford, Esq., says....

"House of Representatives Passes MORE Act to Remove Marijuana from Schedule I – Don’t Rush to Start Airing Pot Ads Yet​

Last week, the US House of Representatives passed the MORE Act which, if enacted, would take marijuana off the list of Schedule I drugs – those drugs whose possession and distribution is a federal felony, as is the use of the radio waves to promote their use. As we have warned before (see, for instance, our article here published when an earlier version of this bill passed the House in 2020), because of the laws making the sale of marijuana a federal crime and prohibiting the use of radio waves to promote that sale, broadcast stations should think twice about any marijuana advertising, even in states where it has been legalized. Thus, the passage of MORE Act through the House should not be taken as a sign to start running marijuana advertising on your broadcast station."

www.broadcastlawblog.com

House of Representatives Passes MORE Act to Remove Marijuana from Schedule I – Don’t Rush to Start Airing Pot Ads Yet

Last week, the US House of Representatives passed the MORE Act which, if enacted, would take marijuana off the list of Schedule I drugs – those drugs
www.broadcastlawblog.com
Click to expand...
The world would be better off if we gave this some.................. thyme. 🤣
By the way, I can't imagine how hard it is for an advertiser when a product could be legal in one state, but illegal in another, and then on top of that, technically illegal at the federal level, until now.
 
ZantennaG1 said:
The world would be better off if we gave this some.................. thyme.
Click to expand...

Welcome to Instant Rimshot

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ZantennaG1 said:
🤣
By the way, I can't imagine how hard it is for an advertiser when a product could be legal in one state, but illegal in another, and then on top of that, technically illegal at the federal level, until now.
Click to expand...
Most of these pot shops are like any small business; interested to reach customers in their local area. As has been mentioned in another thread; radio and TV stations are federally licensed operators. Gotta be cautions about allowing advertising of federally controlled substances.
 
If you can't advertise tobacco products, what makes anyone thinks the Feds are not going to prevent spots for pot?

Besides TV and radio ads, banned in 1971, in 1998 bans tobacco and smokeless tobacco products on transit and billboard advertisements, paid brand product placement, cartoons, tobacco brand sponsorships of sporting events and concerts, as well as advertising and marketing practices that targeted individuals under 18 went into effect
 
seatownmedia said:
In Washington State I believe the ads require a disclaimer of the possible negative impacts of use.
Click to expand...
I don't believe the State would be regulating language for radio ads. That, and the station would potentially be in violation running ads for pot. Some have gotten away with CBD, but even that's walking a tightrope.
 
WA is mostly a highly governmental State. I don’t know for sure if they have any control over pot ads but it wouldn’t surprise me.
 
Kelly A said:

Welcome to Instant Rimshot

If you need quick access to an ironicly-placed rimshot sound to mock your friends, or a genuinely-placed rimshot to put your great joke over the top, you've come to the right place.
www.instantrimshot.com
Click to expand...
Thank you as always. 😏 That website has me cracking up, 🤣
 
I don't recall hearing any disclaimers any time I've heard pot shop ads, which I think all have been for CBD. I think I've heard some pot shop ads while DXing, which would mean Oregon or possibly California. Some ads seem to imply that they sell marijuana but don't mention the actual plant in their spots. I'll have to pay more attention next time I hear such an ad. I know I've heard them -- just can't specify which station or state.
 
seatownmedia said:
In Washington State I believe the ads require a disclaimer of the possible negative impacts of use.
Click to expand...
If you have a few minutes to waste...

... if you can find the regulation or an article about it online, I'd love to read it.

In general, licensed stations have to first obey federal laws, including "administrative law" (another name for the regulations based on broader laws) and then they follow state and local regulations and laws.
 
ZantennaG1 said:
By the way, I can't imagine how hard it is for an advertiser when a product could be legal in one state, but illegal in another, and then on top of that, technically illegal at the federal level, until now.
Click to expand...

The first part has been a problem for a long time. What's now WNOB 93.7 re-licensed itself from Elizabeth City, NC to Chesapeake, VA because it got into trouble for selling ads for Virginia Lottery. At the time, North Carolina had no state lottery or any kind of legal gambling, and advertising gambling was illegal there. Now that lotteries and casinos are ubiquitous most everywhere, you don't encounter that often, but broadcasters have been dealing with issues like that for a long time.
 
Kent said:
The first part has been a problem for a long time. What's now WNOB 93.7 re-licensed itself from Elizabeth City, NC to Chesapeake, VA because it got into trouble for selling ads for Virginia Lottery. At the time, North Carolina had no state lottery or any kind of legal gambling, and advertising gambling was illegal there. Now that lotteries and casinos are ubiquitous most everywhere, you don't encounter that often, but broadcasters have been dealing with issues like that for a long time.
Click to expand...
WFAN New York was airing ads for sports betting companies more than a year before gambling on sports (other than horse racing) was made legal in New York. In fact, until last fall, when Connecticut allowed it, only New Jersey in the Tri-State area had legalized it. But the big difference between gambling on team sports is the federal schedule of narcotics. Otherwise, there's hardly any difference. Both can be addictive and lead to excesses that can harm oneself or others. But the same can be said of alcoholic beverages, and there are few restrictions left (none at the federal level) on the advertising of those. Good ol' 'Murrican hypocrisy at work!
 
seatownmedia said:
WA is mostly a highly governmental State. I don’t know for sure if they have any control over pot ads but it wouldn’t surprise me.
Click to expand...
Even the sale of hard liquor is controlled by Washington state government, requiring it to be purchased at a state run retail store. One of the few states that does this. But didn't they legalize recreational marijuana? Go figure.
 
KilowattKat said:
Even the sale of hard liquor is controlled by Washington state government, requiring it to be purchased at a state run retail store. One of the few states that does this. But didn't they legalize recreational marijuana? Go figure.
Click to expand...
Not correct. The law changed in 2012 to allow for grocery store liquor sales. However, there is a provision that they can’t sell between 2-6am which seems smart to me.
 
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