This document discusses new regulations for advertising marijuana as legalization spreads to more states. It provides background on marijuana legalization in the United States, noting that it is now legal medically or recreationally in 26 states. As legalization increases, advertising regulation is emerging to treat marijuana similarly to alcohol and tobacco. Currently, advertising is an uncharted area as laws vary by state and federal law still classifies marijuana as illegal. The MAILS Act of 2016 created an exception allowing written marijuana advertisements that comply with state laws. Recent case law in Colorado upheld regulations requiring magazines focused on marijuana to only be sold in licensed stores.

1. New Advertising
Regulation
AN ANALYSIS OF MARIJUANA LEGALIZATION'S IMPACT ON ADVERTISING |
ANNA BUNZ | JMC 8416

2. Background
 Medical marijuana is first legalized in the state of California in
1996
 Broadly legalized in 26 states and the District of Columbia
either medically or recreationally
 Other states are beginning to decimalize distribution,
possession and consumption
 Alcohol and tobacco have regulated advertising, new
advertising regulation is remerging in response to the recent
trend of the legalization of marijuana
 Federally designated Schedule I substance (felony to
distribute, posses or consume)

3. Brief History
 Advertising marijuana is uncharted territory blurring
the lines of what is legal v. illegal
 No nationwide laws because it is legalized state by
state and regulated under each individual state’s
government
 Can sometimes be a risky decision for many kinds of
publications and broadcasters

4. MAILS Act of 2016
 Marijuana Advertising in Legal States (MAILS) Act of 2016
 In regards to advertising marijuana products, “Section
403(c)(1) of the federal Controlled Substances Act (CSA), it is
unlawful to place an advertisement for a Schedule I substance,
including medical marijuana products in any newspaper,
magazine, handbill or other publication, even if that activity is
under state law. (Wyden 106)
 MAILS was created as an exception to/ amendmant Section
403(c)(1) of the CSA to allow for the written advertisement of
marijuana activity without triggering federal law enforcement
action as long as the activity is within compliance of the state
law

5. Recent Case Law
 Trans-High Corporation v. State of Colorado, 42 U.S. (1983)
 Retail Marijuana code was developed “requiring that
magazines whose primary focus is marijuana or marijuana
businesses are only sold in retail marijuana stores or behind
the counter in establishments where persons under twenty-
one years of age are present.” (United States District Court
2013)
 Trans-High Corp filed lawsuit stating the Code Provision
violated the first amendment of the United States Constitution
and Art II, section 10 of the constitution of the state of
Colorado
 Attorney General released a statement that the case presented
no constituently deficiency