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Fact Sheet Cannabis Legalization and RegulationLegislation and Legal Challenges

Cannabis Advertising and the First Amendment

September 17, 2024

Overview

Because of the potential harms cannabis use poses to youth, many states place restrictions on cannabis advertising. Courts are divided as to whether such restrictions violate a business’s First Amendment rights to engage in commercial speech. This fact sheet details how, depending on the scope and characteristics of a state’s advertising policy, cannabis advertising can be constitutionally restricted in order to protect children’s health.