Sen. Ben Ray Luján Files Bill To Allow Cannabis Ads On TV, Radio

Sen. Ben Ray Luján (D-NM) filed a bill Tuesday that would allow TV and radio marijuana advertisements in states that have legalized cannabis either for medical or recreational purposes.

The filing of the Secure and Fair Enforcement (SAFE) Advertising Act comes on the heels of the U.S. House of Representatives approving a similar measure that would bar the Federal Communications Commission (FCC) from penalizing broadcasters for marketing marijuana progress in states with legal cannabis markets.

Among the differences between these two measures is the lasting of the rules. Under the House-approved measure, which is only part of another budget, proposal ads would be allowed for only one year.

Luján’s bill would permanently allow TV and radio stations to accept and air marijuana ads.

Under the SAFE Advertising Act of 2022, FCC will also lose the right to punish stations in any way for airing legitimate marijuana ads. Furthermore, the ads would be obliged to have warnings about possible risks connected with the consumption of advertised products. These ads could only be aired in those states with legal medical or adult-use cannabis programs. 

Under this bill, marijuana ads would only be allowed to air during programs where a minimum of 70% of the viewers are 21 and older. 

“As more states enact common-sense cannabis legislation, it’s crucial that radio and TV stations can accept advertising without fear of losing their license,” said Luján in a statement. “With health and safety measures in place, this legislation will allow broadcasters to accept cannabis advertisements in accordance with state laws.”

Luján and his colleagues collaborated with the New Mexico Broadcasters Association on this bill.

“The members of the NMBA appreciate the efforts of Sen. Lujan and his staff. Their work on this bill which would allow cannabis advertising to air on New Mexico broadcasting is in step with state law and long overdue,” NMBA President Paula Maes stated. “Senator Lujan’s legislation helps remedy this unfair situation by recognizing the importance of state law in addressing cannabis issues.”

Photo: Benzinga Edit; Sources: Sharon McCutcheo and cottonbro by Pexels