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?”