Denver, Colorado was apparently not quite ready to go into the history books for the first recreational marijuana TV ad. The ad for Neos, a vaporizer and cannabis oil company, was pulled on Monday night.
The legality of the commercial seemed to be the primary concern for the network. KMGH, an ABC affiliate in Denver, is the network that bailed on the ad.
The ad itself is quite tasteful. It shows nightclub footage and young people enjoying nature. The words smoke or get high were not mentioned; they chose the much less abrasive term recreate.
One could argue that a young person watching this ad would have no idea what they were talking about. There is no mention of marijuana and no images of drug use. So what about this commercial is illegal?
The federal government still considers marijuana illegal. The FCC, which is an independent government agency, regulates the airwaves. Therefore the FCC inherits federal law because it is a government agency.
ABC has officially put all cannabis commercials on hold until further notice. The companies need to investigate the corporate legalities of airing a “federally illegal” substance on federal airwaves.
If deemed federally legal, current Colorado state laws do allow for the airing of cannabis TV advertisements under one condition.
- 70% of the audience must be over 21.
The marijuana ad above was intended for the Jimmy Kimmel Live show. According to Nielsen reports 97% of this audience is over 21. Do you think it was appropriate for the network to pull the ad? Check out the video and let us know what you think in the comments below.