In early September, the CBA filed comments regarding proposed rule-making on retail marijuana advertising. The association had two main concerns: one, the state of Colorado attempting to regulate federally licensed broadcasters and two, the unequal treatment of print, internet and broadcast in the originally proposed rule-making.
Our comments were acknowledged in the “Permanent Rules Related to the Colorado Retail Marijuana Code” as the final rules treat print, television, radio and internet advertising exactly the same. The rules, which require advertisers to have reliable evidence that not more than 30% of the people who view the ads are minors, are modeled after voluntary limits of alcohol providers.
The CBA believed it was important to make the point that as federally licensed entities, the State of Colorado has no authority to regulate radio or television stations. Both the proposed and adopted rules impose requirements on what content advertisers may submit to Colorado radio and television stations, but do not impose regulatory requirements on those stations.
Click to read the “Retail Marijuana Code” rules regarding advertising (pages 108-111).
Click to read the CBA’s comments.