Sec. 207. Unfair advertising practices and 21 age limit
681 words·~3 min read·
/bill/117/hr/5977/ih/section-207·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
It shall be unlawful for any person engaged in the business of importing marijuana into the United States, or cultivating, producing, manufacturing, packaging, or warehousing marijuana, or purchasing marijuana for resale at wholesale, directly or indirectly or through an affiliate, to publish or disseminate or cause to be published or disseminated by radio broadcast, or in any newspaper, periodical or other publication or by any sign or outdoor advertisement or any other printed or graphic matter, any advertisement of marijuana, if such advertisement is in, or is calculated to induce sales in, interstate or foreign commerce, or is disseminated by mail, unless such advertisement is in conformity with such regulations, to be prescribed by the Secretary of the Treasury, or the Secretary’s delegate (referred to in this section as the Secretary ), as will— prevent deception of the consumer with respect to the products advertised and as will prohibit, irrespective of falsity, such statements relating to manufacturing processes, analyses, guaranties, and scientific or irrelevant matters as the Secretary finds to be likely to mislead the consumer; provide the consumer with adequate information as to the identity and quality of the products advertised, the characteristics thereof, and the person responsible for the advertisement; prohibit statements that are disparaging of a competitor’s products or are false, misleading, obscene, or indecent; and prevent statements inconsistent with any statement on the labeling of the products advertised.
The prohibitions of this section and regulations thereunder shall not apply to the publisher of any newspaper, periodical, or other publication, or radio broadcaster, or provider of an interactive computer service within the meaning of the Communications Decency Act ( 47 U.S.C. 230 et seq. ), unless such publisher or radio broadcaster is engaged in the business of importing marijuana into the United States, or cultivating, producing, manufacturing, packaging, or warehousing marijuana, or purchasing marijuana for resale at wholesale, directly or indirectly or through an affiliate.
Not later than 60 days after the date of enactment of this Act, the Secretary of the Treasury shall promulgate regulations that— require restrictions on the advertising and promotion of products related to cannabis, if the Secretary determines that such regulation would be appropriate for the protection of the public health, taking into account— the risks and benefits to the population of individuals age 21 and under, including users and nonusers of cannabis products; the increased or decreased likelihood that existing users of cannabis products who are age 18 and under will stop using such products; and the increased or decreased likelihood that individuals age 21 and under who do not use cannabis products will start using such products; and impose restrictions on the advertising and promotion of products related to cannabis consistent with and to the full extent permitted by the First Amendment to the Constitution of the United States.
Chapter 1 of title 23 of the United States Code, is amended by adding at the end the following— The Secretary of Transportation shall withhold 8 per centum of the amount required to be apportioned to any State under each of sections 104(b)(1), 104(b)(3), and 104(b)(4) of title 23 of the United States Code on the first day of each fiscal year after the second fiscal year beginning after September 30, 2019, in which the purchase or public possession in such State of cannabis by a person who is less than twenty-one years of age is lawful.
No funds withheld under this section from apportionment to any State after September 30, 2019, shall be available for apportionment to that State. As used in this section, the term cannabis means the same as marihuana as defined in 21 U.S.C. 802(16) . The Secretary shall not apply any withholding under this section to States that lawfully permit the use of designated State medical cannabis products, within the meaning of part J of subchapter V of chapter 9 of title 21 of the United States Code (the Federal Food, Drug, and Cosmetic Act), by persons under the age of 21 on the recommendation or prescription of a qualified medical professional consistent with State law. .
Connectionstraces to 2
Traces to 2 documents
Citation graph
cites case law
Cites 2Cited by 0 across 0 sources