Schedule I drug

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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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  • The FCC released its Second Report and Order setting the annual regulatory fees that broadcasters must pay for 2024. 
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The lazy days of summer continue to provide little respite from the regulatory actions of importance to broadcasters.  This month brings quarterly requirements, including most importantly, the obligation to upload Quarterly Issues Programs Lists to a station’s online public file, and a number of comment deadlines in important FCC proceedings, as well as the opening of political windows in this major election year.  So, even if the beach chair is calling, remember to keep an eye on dates that can affect your stations. 

The regulatory date that all full-power broadcasters should have circled on their calendars is July 10, the deadline by which all full-power radio and TV stations (as well as Class A television stations), both commercial and noncommercial, must upload to their online public inspection files their Quarterly Issues/Program lists for the second quarter of 2024.  The lists should identify the issues of importance to the station’s community and the programs that the station aired between April 1 and June 30, 2024 that addressed those issues.  It is important that these be timely uploaded to your public file, as the untimely uploads of these documents probably have resulted in more fines in the last decade than for any other violation of the FCC’s rules.  As you finalize your lists, do so carefully and accurately, as they are the only official records of how your station is serving the public and addressing the needs and interests of its community.  See our article here for more on the importance of the Quarterly Issues/Programs list obligation.

Continue Reading July Regulatory Dates for Broadcasters – Quarterly Issues/Programs Lists, Comment Deadlines in Multiple Proceedings, Political Windows, and More
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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

Last week, the US House of Representatives passed the MORE Act which, if enacted, would take marijuana off the list of Schedule I drugs – those drugs whose possession and distribution is a federal felony, as is the use of the radio waves to promote their use.  As we have warned before (see, for instance, our article here published when an earlier version of this bill passed the House in 2020), because of the laws making the sale of marijuana a federal crime and prohibiting the use of radio waves to promote that sale, broadcast stations should think twice about any marijuana advertising, even in states where it has been legalized.  Thus, the passage of MORE Act through the House should not be taken as a sign to start running marijuana advertising on your broadcast station.

First, it is important to remember that this bill was passed only in the House of Representatives.  Without also being approved by the Senate and being signed by the President, the House’s action had no legal effect.  Because of the way that Congress works, if the bill does not pass the Senate in the current legislative session, which ends in the first few days of January 2023, the whole process must start over again – bills do not carry over from one Congressional session to another.  So, if Senate action is not forthcoming this year, a new Congress would have to start with a new bill, and a new House of Representatives and a new Senate would both have to vote to adopt the legislation.   The MORE Act passed the House with few Republican votes, so if the composition of the House changes next year, that may not bode well for this legislation if it does not pass the Senate this year.
Continue Reading House of Representatives Passes MORE Act to Remove Marijuana from Schedule I – Don’t Rush to Start Airing Pot Ads Yet