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Senate Introduces Cannabis Advertising Legislation


U.S. Congress
U.S. Congress

Sen. Ben Ray Lujan (D-NM) has introduced the Secure and Fair Enforcement (SAFE) Advertising Act, which would clarify that local radio and television broadcasters may air cannabis advertisements in states where it is legal without the threat of administrative action from the FCC. The move follows the U.S. House of Representatives' passage of the FY 2023 Financial Services and General Government appropriations bill, which included language that would prevent the FCC from taking administrative action against broadcasters that accept cannabis advertisements.

NAB President and CEO Curtis LeGeyt said in a statement, "Due to outdated government regulations, only local radio and television broadcasters face legal exposure for advertising cannabis products permitted under state law. The SAFE Advertising Act would finally level the playing field and create necessary regulatory certainty for broadcasters. We thank Sen. Luján for his leadership on this issue and we will continue working with policymakers to ensure there is a permanent resolution to this competitive disparity."

President and CEO of the New Mexico Broadcasters Association Paula Maes stated, "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. Sen. Lujan's legislation helps remedy this unfair situation by recognizing the importance of state law in addressing cannabis issues."

NY State Broadcasters Association President David Donovan, and member of the Safe Advertising Coalition stated, "We applaud Senator Lujan's efforts to allow local radio and television broadcasters to accept cannabis advertisements consistent with the law of the state in which they are licensed. Local broadcasters are unable to accept these cannabis advertisements because they are licensed by the Federal Communications Commission. We look forward to working with Sen. Lujan's office to move this important legislation forward."

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