Last updated : November 11, 2024
Concerns about whether federal laws currently allows advertisements for legal marijuana to be aired led one Colorado-based ABC affiliate to pull what was expected to be a first in the nation: a TV ad for legal recreationally available cannabis. KMGH, a Scripps-owned television station located in Denver, decided to not run the ad for Neos, a seller of vaping pens that employ cannabis oils, due to questions about how federal authorities might perceive the legality of running an ad for pot products in a state where they’re currently legal.
The Federal Communications Commission does not currently publish clear guidelines for the advertisement of legal pot. Under U.S. law, the FCC determines whether or not an ad for a product is acceptable or not for broadcast purposes, even if that product is presently legal within the viewing region where the ad airs.
The 15-second ad did not contain any overt references to cannabis or marijuana. Instead, it features a voice-over stating:
“You lead an adventurous life, always finding new ways to relax. Now enjoy the best effects and control with Neos portable vape pen and recreate discreetly this summer. A bold new way to unwind. Neos, recreate responsibly.”
The ad begins with scenes of young club-goers having a good time, and it ends with images of friends relaxing around a campfire. The end scene includes the sound of a guitar being slowly strummed. The scenes depicted in the commercial are not dissimilar from alcohol ads that are aimed at younger consumers. The ad does not include any depiction of marijuana or cannabis vaporizers, and there are not depictions or references to anyone using either type of product.
The legal question at issue is whether, if pot is still illegal at the federal level, are ads for marijuana and cannabis products also illegal without regard to present state laws? The Scripps legal department did not feel that it had a strong enough basis for supporting the airing of the ad and recommended that the station pull it. They stated that they do not oppose the airing of the ad, but have concerns about the continuing lack of clarity regarding the ad under current federal guidelines that govern the sale of controlled substances.
The ad had been scheduled to air before the start of the “Jimmy Kimmel Live” program. State laws allow the airing of TV ads that are aimed at audiences that are at least 70-percent 21 years of age or older. “Jimmy Kimmel Live” has an audience that’s 97-percent within that demographic group.
Other industries have also had concerns about the conflict between the legality of pot at the state level and its illegality at the federal level. For example, current banking laws prohibit financial institutions from handling cash for enterprises that deal in legal pot, and that has given rise to a separate set of institutions in those states that provides security for cash-only marijuana businesses.
A spokesperson for Cannabrand, the company responsible for developing the ad, has said that the firm will seek to establish greater clarity about the legality of pot ads. With the ad being pulled, however, it may be harder to get that clarity. Without the basis of an actual complaint about an ad that did air, FCC regulators are not compelled to act in regards to the ad.
