Amendment #17 to H4187

Empowering Municipalities to Regulate Outdoor Marijuana Advertising in Communities with Prohibited Retailers and Manufacturers

Mr. Paulino of Methuen moves to amend the bill By inserting after section 3 the following section:

"SECTION XXXX. Chapter 94G of the General Laws is hereby amended by inserting after section 3 the following section:

Section 3A.

A city or town that, pursuant to subsection (a) of section 3, has voted to prohibit the operation of marijuana retailers or marijuana product manufacturers within its borders may adopt a local ordinance or bylaw that regulates the placement of outdoor advertising related to marijuana or marijuana products within its geographic boundaries, provided that such restrictions are narrowly tailored to achieve legitimate public health and safety objectives without unnecessary infringement on commercial speech.

Any such ordinance or bylaw may impose the following restrictions:

(i) Prohibition of billboard or other outdoor signage promoting cannabis or cannabis products visible from public ways, parks, playgrounds, or public buildings;

(ii) Restrictions on advertising within a 500-foot radius of any school, daycare center, or youth recreation facility, during hours when minors are likely to be present.

The ordinance or bylaw may provide exceptions for certain types of advertising, including:

•       Advertising within licensed cannabis establishments;

•Advertising in spaces where the audience is verifiably 85% adults aged 21 or older.

The Cannabis Control Commission shall recognize and enforce any such ordinance or bylaw, provided that the restriction:

(a) Applies only to physical outdoor advertising visible to the general public;

(b) Does not prohibit advertising within licensed cannabis establishments or direct-to-consumer advertising where the audience is verifiably 85% adults aged 21 or older;

(c) Is consistent with state and federal law, including protections for commercial speech.

(d) Ensures that the restrictions are proportional to the public health and safety interests being addressed, and do not unduly infringe on legal commercial speech or the right to advertise marijuana products to adults.

Nothing in this section shall limit the authority of the commission to enforce statewide advertising rules under 935 CMR 500.105 or 501.105, or other state regulations pertaining to cannabis advertising.

Review and Sunset Clause:

The local ordinance or bylaw shall be reviewed every two years to assess its effectiveness in achieving the intended goals and to ensure it continues to balance local control with the protection of commercial speech rights. Based on the review, the ordinance may be adjusted or repealed as needed.

Additional co-sponsor(s) added to Amendment #17 to H4187

Empowering Municipalities to Regulate Outdoor Marijuana Advertising in Communities with Prohibited Retailers and Manufacturers