Where do your stations stand on taking advertising from store fronts that offer these CBD products? Here in California I have been contacted by an American Indian tribe that sells CPB and also marijuana. I know the marijuana is taboo (still a Federal violation) but the CBD is allowed.
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CBD products?
- Thread starter Jonas Jones
- Start date
From a legal standpoint, CBD is legal on the federal level as so long as it doesn't contain more than 0.3% THC, but laws by state vary. As you mentioned, marijuana is illegal federally, but many states allow it. This does put stations in between a rock and a hard-place, but I imagine they feel safe accepting CBD ads, but not marijuana ads yet.
Thanks. I have told the prospective client we can air spots promoting only the CBD products at his store. If we script his website address into the commercial that website is jammed packed with the CA legal marijuana products (but still Federally prohibited). Client also wants us to do a remote at the location so we will need to be careful there with live interviews as well.
CBD shop ads are quite common in Hampton Roads, Virginia. I haven't heard it recently, but one was for a business owned by a Navy veteran who believed that these products could help former servicemen and women with PTSD and pain. There's a huge military population in this area so it seems like a good place to set up shop.
Also, I haven't heard one lately, but last year there were a ton of ads for "home grow kits." They didn't actually say what you were growing but you could figure it out LOL.
Also, I haven't heard one lately, but last year there were a ton of ads for "home grow kits." They didn't actually say what you were growing but you could figure it out LOL.
Thanks.
Here in California, broadcasters can accept any and all advertising for CBD products/retailers, as well as any legal, licensed marijuana dispensary or delivery service
The legalization of magic mushrooms is on the ballot this November. If it passes will have to check with our sales dept. on that one.
Most of the dispensary retailers put their advertising on the Alternative, Active Rock, CHR stations in town
The legalization of magic mushrooms is on the ballot this November. If it passes will have to check with our sales dept. on that one.
Most of the dispensary retailers put their advertising on the Alternative, Active Rock, CHR stations in town
Something to consider: CBD is still considered a federally controlled substance. The station you sell for is a federally licensed facility. You can be stopped and arrested traveling with CBD going through a federally controlled airport.
Recognizing it's money, but do you want to take the change advertising a federally controlled substance and jeopardizing a federally licensed station?
Back when I was a station owner, and Pot 'dispensaries' plus CBD dealers started popping up, they wanted to shower my sales guys with buys. Wasn't very popular when I told them absolutely not. In my mind; just not worth the risk.
However, CBD can be shipped via the government's Postal Service within a state and between states. I get it in various forms that way every couple of months and have been doing that for over three years. Yes, it is great for arthritis! (It comes from Hemp, not Cannabis)
Is this an inconsistency in legislation?
Or, is there confusion on CBD itself?
CBD Has Never Been A Controlled Substance
CBD Has Never Been A Controlled Substance
For something to be a controlled substance under the federal Controlled Substances Act (CSA), it must be specifically scheduled and assigned one of five scheduling criteria.
www.forbes.com
Not necessarily:
"USPS allows you to ship CBD if possess a license from a state's Department of Agriculture authorizing the licensee to produce industrial hemp, and the requirement that the tetrahydrocannabinol (THC) concentration of such hemp (or its derivatives) may not exceed a 0.3 percent limit."
How does one monitor or control the concentration being shipped? Just like selling ads; if you get caught shipping CBD with over the limit concentration, you could be in big trouble. Reinforces my point: As a federally licensed facility, selling ads to a vendor who you don't know whether is in federal compliance, or in proper control the product, puts you at needless risk.
Probably.
Probably.
Guess that's still up for interpretation.
And that is likely why Amazon sells no CBD products. They sell "hemp oil" concoctions, but not anything labeled as containing CBD.
And like seemingly everything else; if there's money to be made selling it; Amazon is right there. If Amazon won't sell the stuff, do you really want your station involved? Until this is no longer up for interpretation, as a station owner I'd thank the business for their interest, but will have to pass on advertising their products or services.
Maybe the Feds will WakeTF up and stop this reefer madness BS and legalize it at the Federal level.
Well we can hope can't we?
35 states allow some use of it, either medically or for personal use.
Personally it was never my thing, I decided I liked Jack Daniels and it screwed my life up in a huge way.... been almost 20 years since my last drink and I would smoke a joint before I ever picked up another drink.
Has he FCC ever NAL'd or otherwise dinged a station for a Pot ad?
Well we can hope can't we?
35 states allow some use of it, either medically or for personal use.
Personally it was never my thing, I decided I liked Jack Daniels and it screwed my life up in a huge way.... been almost 20 years since my last drink and I would smoke a joint before I ever picked up another drink.
Has he FCC ever NAL'd or otherwise dinged a station for a Pot ad?
Cannabis spots on radio have been running for years now in California with zero retribution from the FCC I have never seen or heard the FCC making a regulation against it. This is 2022, their is a lot more acceptance now than ever before of cannabis.
Even on the federal level there is talk of legalizing it nationally.
Even on the federal level there is talk of legalizing it nationally.
I'm not editorializing use of pot, but the technical definition of what a licensee of a federally licensed broadcast facility could run afoul with that same government should the complaint sweet spot be met. If one wanted to be a jerk toward a station, all one would have to do is file an objection toward the station during license renewal for taking advertising money to advertise a federally controlled substance. Ultimately the objection could be thrown out, but after the station pays for lawyers to defend the license, and license renewal be held up during the duration. Lawyers are expensive, and hearings in front of Administrative Law Judges can take years. Again; in my view yet another reason the risk isn't worth the benefit.
anyone ever gone to Amsterdam?
When something becomes routine rather than special and exciting, I think it changes societal attitudes. In particular, younger people don't "do it" to rebel against their parents because the parents did it too.
I've been in Amsterdam, and the tourists go crazy but the locals just see it as another aspect of life.
WEQX has run pot shop ads from Massachusetts dispensaries. So I don't see why there can't at least be overnight ("safe harbor" hours) spots for local cannabis shops with state warning taglines. The examples I heard on WEQX (during daylight hours, EDT) sounded just fine and make a good template. Would help both industries a HUGE deal. Especially now.
Uh, because it's a federally controlled substance?
Well, like all things, something's going to give eventually.
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