My sense from talking with people about California’s marijuana legalization initiative —  Proposition 64 — is that many opponents of marijuana legalization generally fear the affect increased marijuana advertising could have on children and teenagers. Many legalization advocates lambasted Sen. Diane Feinstein (D-CA) for falsely claiming that Prop. 64 allows for “prime-time” marijuana ads “on programs with millions of children and teenage viewers.” In doing so, she omitted the fact that marijuana’s current illegality under federal law means that it’s also illegal to advertise on television and radio. Nevertheless, as this article demonstrates, not all advertising is subject to federal regulation. The Sacramento Bee: 

Leaders of Sacramento Regional Transit, in search of new revenue, say it’s time to allow alcohol advertisements on the sides of buses and light-rail trains. But they’re drawing the line – for now – on accepting marijuana ads.

The transit agency’s proposed policy would allow more bars and restaurants to advertise on transit vehicles, which could be lucrative for the financially struggling bus agency. RT officials say they would not accept ads that appear to promote or encourage underage drinking. Agency spokeswoman Devra Selenis said a review of transit agencies elsewhere shows that others advertise alcohol.

The RT board will be asked on Monday to vote to remove a policy that prohibits the agency from accepting alcohol ads…

RT does not have a policy on marijuana advertising. But it recently received a request from a company interested in placing an ad, and Selenis said passage of state Proposition 64 legalizing marijuana could prompt more such cannabis ad requests.

For now, RT officials say they plan to decline those proposals, but could rethink that policy later.

The agency does not accept smoking ads. Officials this week said the agency will expand that prohibition to include ads for electronic smoking, commonly called vaping.

The transit agency has been reviewing its policies as it prepares to sign contracts in the next few weeks with advertising agencies that will market RT’s trains, buses, stations and rail lines to potential advertisers.

That includes possibly selling naming rights for light-rail stations and lines.

AUMA states: “Any advertising or marketing placed in broadcast, cable, radio, print and digital communications shall only be displayed where at least 71.6 percent of the audience is reasonably expected to be 21  years of age or older, as determined by reliable, up-to-date audience composition data.” Sec. 26151(b).

“Advertise or market marijuana or marijuana products on an advertising sign within 1,000 feet of a day care center, school providing instruction in kindergarten or any grades 1 through 12, playground or youth center.” Sec. 26152(g).

“The provisions of subsection (g) of section 26152 shall not apply to the placement of advertising signs inside a licensed premises and which are not visible by normal unaided vision from a public place, provided that such advertising signs do not advertise marijuana or marijuana products in a manner intended to encourage persons under the age of 21 years to consume marijuana or marijuana products.” Sec. 26155(a).