Publication

05 August 2024

Reclassifying Marijuana Potentially Opens Print Advertising to Marijuana Companies

Reclassifying marijuana could offer a benefit in terms of accessing mainstream advertising platforms. Major advertising channels, like Google, Facebook, and traditional media restrict or prohibit cannabis ads due to its Schedule I classification. According to the Controlled Substance Act (CSA), placing written advertisements seeking or offering activity related to Schedule I controlled substances is unlawful and can lead to penalties such as imprisonment for up to 4 years and/or criminal fines.

A recent analysis by the Congressional Research Service (CRS) highlighted that rescheduling marijuana could potentially permit businesses to advertise in print media. However, this shift would come with challenges. Pharmaceutical ads, under Schedule III face regulations suggesting that similar rules may apply to marijuana companies. Nonetheless, being able to advertise in print media would enable marijuana businesses to reach a wider audience and promote their brands effectively.

These expanded advertising and marketing abilities, along with dismantling barriers to researching marijuana and the ability to take federal tax deductions, are all beneficial results of the plan to reclassify marijuana from Schedule I to Schedule III.