The Uncertain World of Marijuana Advertising Part Two – Radio’s Digital Platforms

Contributors: Brad C. Deutsch, Principal, Garvey Schubert Barer, P.C. and Aaron S. Edelman, Attorney, Garvey Schubert Barer, P.C.

In our last blog, we addressed some risks associated with marijuana advertising that are unique to being the federal licensee of a radio station, impacting their broadcast activity. However, radio stations today have a presence on digital platforms – via web, smartphone or tablets. Therefore, in this post, we turn to digital media advertising.

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The Uncertain World of Marijuana Advertising

Contributors: Brad C. Deutsch, Principal, Garvey Schubert Barer, P.C. and      Aaron S. Edelman, Attorney, Garvey Schubert Barer, P.C.

Despite the recent wave of marijuana legalization across the US, options for marijuana advertisers remain slim.  However, navigating the minefield of marijuana advertising that could lead to revenue opportunities for radio is deceptively complex.

Advertising is generally protected by the First Amendment, but only so long as an ad is related to “lawful activity.”  So, that raises the question – does the sale of marijuana count as “lawful activity?”

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