California Lawmakers Defeat Bill Banning Cannabis Advertising on Clothing

On Friday, California’s Assembly Appropriations Committee defeated a proposal to ban cannabis advertising on clothing, T-shirts and hats along with nine other bills aimed at restricting the state’s cannabis industry.

SenateBill 162 would have banned cannabis businesses from advertising “through the use of branded merchandise, including, but not limited to, clothing, hats, or other merchandise with the name or logo of the product.”

The bill was introduced by Sen. Ben Allen, with concerns about cannabis becoming too attractive to youth. “The Legislature in the past has wisely prohibited advertising with branded merchandise by tobacco companies, expressly because items like hats and t-shirts are known to entice kids to smoke,” Allen said. “This was a commonsense measure to apply similar restrictions that would help prevent marijuana use by teens.” The proposal was supported by the American Academy of Pediatrics and the California Police Chiefs Association.

But on September 1, the Assembly Appropriations Committee put Allen’s measure on hold without any explanation.

There are plenty of restrictions on cannabis advertising already in place, included restrictions to prevent ads that blatantly appeal to children. Companies that wish to release advertisements must ensure that its audience is composed of at least 71.6 percent adults 21 and over. In 1999, tobacco ads, including those featuring Joe Camel and theMarlboro Man, were dropped in 46 states. However, the alcohol industry has cited the Freedom of Speech to defend any truthful,non-deceptive advertisements when confronted about ads that may appeal to children.

The California Cannabis Manufacturers Association, led by Kenny Morrison, opposed the bill, calling it financial burden. Medical cannabis advertisements, the group said, should not be treated the same as recreational cannabis advertisements.

AB-1090, which would have banned any sort of cannabis ingestion on school grounds, and AB 76, which would have prevented website operators from marketing products to people under the age of 21, were also shelved on Friday.