broadcast ads for medical marijuana

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Though school may be letting out for many, the FCC does not take a summer recess.  Instead, regulation continues with the filing of Annual EEO Public File Reports due for some broadcasters on June 1.  There are also several other regulatory and comment deadlines coming up this June, including the deadline for all commercial full power TV, Class A TV, and AM and FM radio stations to begin complying with the FCC’s new foreign sponsorship identification requirements (with some exceptions), and comment deadlines in the FCC’s proceedings concerning its fiscal year 2026 regulatory fees, next year’s auction of vacant FM allotments, and the TV Parental Guidelines ratings system.  And there are political windows that open in June for elections that will occur in July and August. 

June 1 is the deadline for radio and television station employment units in Arizona, the District of Columbia, Idaho, Maryland, Michigan, Nevada, New Mexico, Ohio, Utah, Virginia, West Virginia, and Wyoming with five or more full-time employees to upload their Annual EEO Public File Report to their stations’ Online Public Inspection Files (OPIFs).  A station employment unit is a station or cluster of commonly controlled stations serving the same general geographic area with at least one common employee.  For employment units with five or more full-time employees, the annual report covers hiring and employment outreach activities for the prior year.  A link to the uploaded report must also be included on the home page of each station’s website, if the station has a website.  Be timely getting these reports into your station’s OPIF, as even a single late report can lead to FCC fines (see our article here about a $26,000 fine for a single late EEO report).  Note that, for radio stations in Maryland, Virginia, West Virginia, and the District of Columbia, this EEO Report will be one of the two assessed by the FCC in its review of their license renewal applications that will be due by June 1, 2027 – the start of a new license renewal cycle for radio and, a year later, for TV. 

The filing of the Annual EEO Public File Reports by TV station employment units with five or more employees triggers a Mid-Term EEO Review that analyzes the last two Annual Reports for compliance with the FCC’s EEO requirements.  The Mid-Term EEO Review begins June 1 for these larger TV station employment units in Arizona, Idaho, Nevada, New Mexico, Utah, and Wyoming subject to this review.  See our articles here and here on broadcasters’ Mid-Term EEO Review reporting requirements.

Continue Reading June 2026 Regulatory Dates for Broadcasters – Foreign Sponsorship Identification Requirements Compliance Deadline, Annual EEO Public File Reports, Comment Deadlines, Political Windows, and more

The Trump administration recently announced that it was taking steps to legalize some marijuana use under federal law.  In a Press Release from the Department of Justice, much was made of the relaxation of the marijuana rules – and many headlines trumpeted the action as if all marijuana use that has been “legalized” by state governments was now legal under federal law.  But a close reading of the accompanying Order released by the Department of Justice and the Drug Enforcement Administration reveals that the actions have only moved medical marijuana legalized in any state from Schedule I (those drugs with no approved uses that are not permitted to be sold or distributed in almost any circumstance), to Schedule III (drugs that have approved uses and can be distributed under rules set out by the FDA).  Non-medical marijuana, so-called “recreational marijuana” approved in many states, remains on Schedule I.  We have written many times (see, for instance, our articles here and here) about concerns with advertising marijuana on a federally-licensed broadcast station when marijuana was on Schedule I and its sale, possession and marketing, including broadcast and other advertising, constituted a felony under federal law even when “legal” under state law.  The recent action to legalize state-approved medical marijuana may, over time, lead to legal advertising, but it appears that there are still hurdles that remain.

Before looking at the steps that appear to be needed before legal advertising of marijuana is possible, there are a couple of things that readers should keep in mind.  First, we need to emphasize that the Trump administration’s actions affect only FDA-approved marijuana products (of which there are very few currently) and medical marijuana that is distributed and sold subject to a state medical marijuana license.  Recreational marijuana remains on Schedule I with no approved medical uses, and with advertising and distribution prohibited outside of some very limited, federally approved testing.  So, all of the concerns about advertising recreational marijuana continue – and are perhaps amplified by the decision to retain recreational marijuana on Schedule I.

Continue Reading Medical Marijuana Removed from Schedule I – Moving Closer to Broadcast and Online Advertising but Concerns Still Remain
  • The FCC’s Media Bureau released a Public Notice requesting comment on the TV Parental Guidelines ratings system.  In 1996, Congress
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  • President Trump this week issued an Executive Order instructing various government agencies to take steps to move marijuana from Schedule
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Yesterday, we saw President Trump issue an Executive Order instructing various government agencies to take steps to move marijuana from Schedule I (an illegal controlled substance with no medical uses and a high degree of potential abuse) to Schedule III, which includes many other drugs, such as ketamine and Tylenol with codeine, that require a prescription and FDA approval. While a rescheduling to Schedule III may have an impact on research and on marijuana’s medical uses, broadcasters need to continue to take a very cautious approach to marijuana advertising while the details of any possible changes unfold, as it is likely that, even after any rescheduling that makes marijuana a Schedule III drug, advertising will still be restricted under federal law.

While many states have, as a matter of state law, legalized medical and even recreational marijuana use, there is still concern for broadcasters accepting advertising for its sale and use.  As we have noted many times before (see, for example, our articles here, here, and here), there is a concern that the sale and distribution of marijuana, even when legal under state law, remains a felony under federal law. Under 21 USC § 843 (b) and (c), to use communications facilities, including radio and the internet, to facilitate any sale of any federally controlled substance is a felony.  This should be of particular concern to broadcasters, which are federally regulated.  If the FCC is faced with a complaint about a broadcaster “facilitating” the sale of marijuana through running advertising – an act illegal under federal law – the FCC might feel a need to take action against the broadcaster. 

Continue Reading President Trump Issues Executive Order to Remove Marijuana from Schedule I – Concerns about Broadcast Advertising Remain
  • The FCC released its Second Report and Order setting the annual regulatory fees that broadcasters must pay for 2024. 
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In recent weeks, we saw press reports on a recommendation from the Attorney General to loosen federal restrictions on marijuana – reclassifying it by moving it off Schedule I (an illegal controlled substance with no medical uses and a high degree of potential abuse) to Schedule III, where many other drugs, including some requiring a prescription, are listed.  No official announcement about any reclassification action has been released, and even when it is, there are apparently other administrative steps that need to occur before any re-scheduling is final.  So, there are many regulatory hurdles still to come.

While a rescheduling to Schedule III may have an impact on research and marijuana’s medical uses, broadcasters need to continue to take a very cautious approach to marijuana advertising while the details of any possible change are worked out and likely even after any re-scheduling as, even as a Schedule III drug, advertising may still be restricted under federal law.

Continue Reading Don’t Start Counting Marijuana Advertising Dollars Yet – Cautions Despite Possible Changes in Its Federal Classification