What’s the Deal With CBD Product Advertising?

Contributors: Brad C. Deutsch, Principal, Foster Garvey, P.C. and Benjamin J. Lambiotte, Principal, Foster Garvey, P.C

Ever since December 2018, when the 2018 Farm Bill removed hemp and derivatives containing no more than 0.03% THC from Schedule I of the Controlled Substances Act (“CSA”), it seems that hemp-derived CBD products are everywhere – in grocery stores, pharmacies, online, and even in pet stores and restaurants. Sales and investment growth figures for the CBD industry are staggering and with that a lot of potential advertising revenue. However, any decision to take CBD advertising must be made with an understanding that the legal status of CBD-infused food, beverages, and dietary supplements remains unsettled and confusing. Although hard and fast rules are hard to come by (and probably will be for a while), here’s a summary of where things stand as of October 2019.

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What the Marijuana Industry’s Organization Voluntary Ad
Standards Mean for Radio

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

 In our previous blog posts, we’ve addressed both the possible risks associated with marijuana advertising that are unique to being the federal licensee of a radio station and the intricacies of many state laws regarding digital media advertisements for marijuana.

The latest development in the push to normalize marijuana and cannabis products as a consumer good comes from the cannabis industry’s own “Self-Regulatory” member organization, the National Association of Cannabis Businesses (NACB), which has recently adopted voluntary standards for advertising by its members. This blog post examines what impact these voluntary standards will actually have for advertising on the radio.

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Standards Mean for Radio”

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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