Governor Jerry Brown signs bill prohibiting certain cannabis ads

Included in the spate of bills signed by Governor Jerry Brown at the end of the legislative session was AB 2899 by Assemblywoman Blanca Rubio (D- West Covina) that adds advertisements placed by a suspended licensee to the list of cannabis ads that are prohibited from publication.

Specifically, AB 2899 prohibits a licensee from publishing or disseminating advertisements or marketing of cannabis and cannabis products while the licensee’s license is suspended.

Current law already prohibits a licensee from publishing or disseminating a cannabis advertisement that:

(a) Is false or untrue or tends to create a misleading impression;
(b) Contains any statement concerning a brand or product that is inconsistent with any statement on the product’s label;
(c) Contains any statement, design, device, or representation which tends to create the impression that the cannabis originated in a particular place or region, unless the label of the advertised product bears an appellation of origin, and such appellation of origin appears in the advertisement;
(d) Advertises or markets on a billboard or similar advertising device located on an Interstate Highway or on a State Highway which crosses the California border;
(e) Advertises or markets cannabis or cannabis products in a manner intended to encourage persons under 21 years of age to consume cannabis or cannabis products.
(f) Is attractive to children;
(g) Advertises or markets cannabis or cannabis products on an advertising sign within 1,000 feet of a day care center, school providing instruction in kindergarten or any grades 1 to 12, inclusive, playground, or a youth center.

The new law becomes effective on January 1, 2019.