You should not advertise for a substance that is illegal and listed on the list of substances illegal in Indiana.
Casey Smith is the Indiana Capital Chronicle
On Tuesday, the discussion of a Bureau of Motor Vehicles bill (BMV) descended to an impassioned discussion over marijuana advertisements. Republican lawmakers stated that they should be prohibited.
House Bill 1390 was authored by Rep. Jim Pressel, R-Rolling Prairie. The original bill only addressed BMV-related issues such as specialty license plates, insurance verification and registration stickers.
But among multiple changes adopted by the Senate Homeland Security and Transportation Committee on Tuesday—including a significant amendment addressing “predatory” towing—was a ban on “outdoor” marijuana advertising, notably on highway billboards.
The bill’s amended language aims to prevent outdoor ads for marijuana, heroin, LSD or ecstasy.
This bill is now sent to the Senate Appropriations Committee.
Pressel, whose district extends to Indiana’s northern border, described “billboards all over the place that say, ‘Come to my store and buy this,'” referencing dispensaries in Michigan, where recreational marijuana is legal.
“And we have trucks—mobile billboards—that drive around and sit in front of our parks. This is unacceptable and sends the wrong message to consumers that the product is legal, when it’s not,” Pressel said. He had earlier tried to include the provision in a House Bill.
He continued: “I believe that is an unfair message, and I think we should be in front of it to say that you shouldn’t be allowed to advertise if the substance in question is illegal, on the list of illegal substances in Indiana.”
Numerous advertisers have pushed back.
Ron Breymier of Indiana’s Outdoor Advertising Association cited First Amendment questions. He said that although policymakers could dictate billboard size and location, they couldn’t “dictate the advertisement.”
Breymier said that phones and Internet searches were “greater threats” than outdoor billboards.
Instead of a blanket ban, he suggested that advertisers must include disclaimers to billboards so “citizens know” it’s illegal to possess or use marijuana in Indiana.
Jason Graham, vice-president of Lamar Advertising – the largest billboard company in California – wasn’t against regulation but he was concerned about a “ban that’s specifically targeted at one medium.”
“If we feel this strongly…I don’t think it should be just billboards,” he said.
Pressel, along with other legislators, said they were open to expanding this ban to cover other types of advertising.
Indiana Capital Chronicle was the first to publish this article.
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Side Pocket Images. Photo by Chris Wallis.