Sec. 203. Safe harbor for marijuana broadcast advertising
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/bill/116/s/421/is/section-203A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 309 of the Communications Act of 1934 ( 47 U.S.C. 309 ) is amended by adding at the end the following: In this subsection— the term covered activity means the production, possession, sale, distribution, dispensation, administration, processing, or laboratory testing of marijuana; the term Indian country has the meaning given the term in section 1151 of title 18, United States Code; the term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ); the term marijuana has the meaning given the term in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ); and the term media of mass communications has the meaning given the term in subsection (i)(3)(C).
In determining whether to grant an application for a license or permit (including for the renewal of a license or permit) under this section, the Commission shall not consider the broadcast by any medium of mass communications of any advertising or other information pertaining to any aspect of a covered activity to be contrary to the public interest, convenience, and necessity, if the covered activity, and the advertising thereof, does not violate the law of— the State, or the Indian tribe that has jurisdiction over the Indian country, in which the transmission point of the subject medium of mass communications is located; or with respect to a radio or television station, the State, or the Indian tribe that has jurisdiction over the Indian country, in which the station's community of license is or is proposed to be located. .
Section 708 of the Controlled Substances Act ( 21 U.S.C. 903 ), as amended by section 101, is amended— in subsection (a), by striking subsection
(b)and inserting subsections
(b)and
(c); in subsection (b), by striking Notwithstanding and inserting Subject to subsection
(c)and notwithstanding ; and by adding at the end the following: Except as provided in paragraph
(2)and notwithstanding any other provision of law, the provisions of this title relating to marijuana shall not apply to the broadcast by any medium of mass communications of any advertising or other information pertaining to any aspect of a covered activity if the covered activity, and the advertising thereof, does not violate the law of— the State, or the Indian tribe that has jurisdiction over the Indian country, in which the transmission point of the subject medium of mass communications is located; or with respect to a radio or television station, the State, or the Indian tribe that has jurisdiction over the Indian country, in which the station’s community of license is located. Paragraph
(1)shall not apply to the broadcast by any medium of mass communications of any advertising or other information pertaining to any aspect of a covered activity that is calculated to induce residents of a non-legal jurisdiction to travel to another State or other area of Indian country to purchase marijuana. For purposes of this section— the term covered activity means the production, possession, sale, distribution, dispensation, administration, processing, or laboratory testing of marijuana; the term Indian country has the meaning given the term in section 1151 of title 18, United States Code; the term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ); the term media of mass communications has the meaning given the term in section 309(i)(3)(C) of the Communications Act of 1934 ( 47 U.S.C. 309(i)(3)(C) ); and the term non-legal jurisdiction means— a State in which the purchase of marijuana is prohibited under State law; or Indian country in which the purchase of marijuana is prohibited under the law of the Indian tribe that has jurisdiction over the Indian country. .
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Sec. 203
Safe harbor for marijuana broadcast advertising
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