New regulations are emerging to govern the advertising of marijuana as more states legalize its use and distribution. Currently, 26 states have legalized marijuana either medically or recreationally, though it remains illegal under federal law. As the marijuana industry grows, guidelines around advertising are still developing as they have for other substances like alcohol and tobacco. Recent legislation and case law have aimed to clarify what types of marijuana advertising are allowed under state laws legalizing its use, though federal restrictions still apply if advertising crosses state lines.

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