Cannabis Advertising Language in FCC Appropriations Bill Passes House

As you know, even though New York State has approved the adult use of cannabis, there are significant impediments for broadcast stations in terms of accepting cannabis advertising. Broadcast stations operate under a federal license, and cannabis remains illegal under federal law. Despite this fact, Congress appears to be moving in the right direction.

As reported previously, we inserted language into the FCC’s FY 2023 appropriations bill stating that the FCC could not use any funds to penalize stations for accepting cannabis advertisements consistent with state law. The U.S. House of Representatives approved the FCC’s budget with this language included, which is a huge step forward. Nonetheless, it will not become effective until passed by the Senate and signed into law by the President.

Importantly, this is part of the overall government appropriations process. At this point, it is not clear whether the Senate will even vote on the FY 2023 government budget, preferring instead to enact a “continuing resolution” based on last year’s budget bill. Senate action, if any, is likely to come towards the end of the year. By putting this language in the House bill, we will be in a good position should the Senate act.

Again, simply passing the U. S. House of Representatives does not change federal law. Stations operate under a federal license so there are significant risks with accepting cannabis advertising at the present time.

The language can be found here.