California Bill Would Ban Cannabis Ads on T-shirts and Hats

A new bill is moving through legislature that would ban cannabis businesses from advertising on t-shirts, hats or other merchandise that feature a name or logo of a product—a sobering reminder that cannabis is not yet completely accepted in American culture. Senate Bill 162 was recently introduced by Sen. Ben Allen of Santa Monica. The bill headed to the Assembly on June 1 for its latest reading and sent to the Committee on Business and Professions on June 15.

The bill is being sold as a means of preventing children from being exposed to attractive cannabis ads, which prompted support from the American Academy of Pediatrics. Under California’s Proposition 64, broadcast, cable, radio, print and digital communications already are prohibited from advertising cannabis products unless “71.6 percent of the audience is reasonably expected to be 21 years of age or older.” Beer and liquor ads, on the other hand, frequently appear on t-shirts designed for young adults and are easy to find.

The law would affect both medical and recreational cannabis businesses, but not apply to nonprofit entities. It’s one of several other bills intended to clarify rough parts of Proposition 64.

Opponents of the bill don’t think an advertising ban will have any effect on underage consumption. It would also, they believe, undermine licensed businesses. “To ban small businesses from advertising, marketing and branding is ridiculous,” Adam Spiker, executive director of The Southern California Coalition told L.A. Weekly. “The bill would materially hamstring small business owners’ ability to grow in the land of opportunity. We are firmly against it, and will work to ensure lawmakers are aware of the harmful ramifications it would have.”

To be fair, recent limits on tobacco advertising have been imposed on California businesses to keep tobacco out of the hands of children. If cannabis businesses are subject to excessive advertising restrictions, a fair and level playing field cannot exist. The law has cleared the Senate and is making its way through the California Assembly.