Baltimore Sun

Panel OKs ban on most cannabis ads

No advertisin­g will be allowed on billboards, radio, TV, other media

- By Doug Donovan

TheMarylan­dMedical Cannabis Commission voted unanimousl­y Thursday to ban billboard, radio, TV and most online advertisin­g by marijuana companies — a move that representa­tives for the firms said they would fight in the General Assembly when it convenes next month.

The new rules also prohibit advertisin­g in print publicatio­ns such as newspapers and magazines that cannot prove that 85 percent of their audience is over18 years old, and bans the use of leaflets or flyers in most public and private places.

In addition, the regulation­s state that internet ads must be accompanie­d by an age-verificati­on page that users have to answer, a hurdle that cannabis officials say essentiall­y prohibits online ads because there is no way to verify accurate ages.

The commission’s move, which would not go into effect for several weeks, comes just as the industry is rapidly growing. The commission’s executive director, Joy Strand, reported at the meeting that the state’s 71 cannabis stores have sold $96 million in products to Maryland residents since last December.

Without advertisin­g, industry officials worry about the ability for cannabis companies to expand their businesses.

“This a total ban on advertisin­g,” said Mackie Barch, chairman of the Maryland Wholesale Medical Cannabis Trade Associatio­n. “Social media is our only source. How do we communicat­e with anyone when Instagram is shutting down every cannabisre­lated account there?”

Barch said the commission passed the rules in response to the worries of just two state lawmakers who were upset about a single billboard on Route 50 depicting Adam and Eve smoking a joint.

Jennifer White, a commission spokeswoma­n, said such complaints about advertisem­ents were only one part of the panel’s decision. She said the commission’s policy committee recommende­d the new regulation­s to mirror restrictio­ns against the advertisin­g of tobacco products.

Barch said it was unfair to compare cannabis — a product approved as a legal medical treatment — to tobacco and that the panel’s action “stigmatize­s” cannabis patients. He said the decision is a “gross overreach” that violates the free speech rights of companies.

“We are going to have no choice but to defend those rights,” he said. “Wehave to stop treating cannabis as a taboo subject.”

Ashlie Bagwell, a lobbyist for the Maryland Medical Dispensary Associatio­n, said the group preferred requiring a disclosure page to accompany online ads rather than the age-verificati­on step that she said “would limit access to social media posts.”

Bagwell also wanted to know if marketing items such as hats and t-shirts were permitted. Commission members did not provide an answer.

Philip Ziperman, a deputy attorney general for consumer rights, asked the commission to consider adding specific language restrictin­g companies from making any medical claims about their cannabis products without scientific evidence.

The new regulation­s state that cannabis companies may not make any statement that is “false or misleading in any material way or is otherwise a violation” of state laws.

Rebecca Snyder, executive director of the Maryland, Delaware, D.C. Press Associatio­n, said she was surprised the commission approved the regulation­s without any comment after everyone who testified, including the attorney general's office, asked them to take more time to consider their opinions.

“It’s too big an issue to move hastily on this,” Snyder said.

Newspapers that are members of her organizati­on would have a difficult time proving that 85 percent of their readers are over age 18 because younger readers are not surveyed by the media companies, Snyder said.

But local newspapers and their websites are ideal venues for cannabis companies to reach local patients, she added.

It is unclear when the advertisin­g ban would go into effect. White said the attorney general’s office still has to review the regulation­s and that, possibly, the General Assembly would have to vote on them.

Newspapers in English

Newspapers from United States