TAB Updates CBD Product Advertisements Advisory

posted on 2.19.2022

TAB has a newly updated legal advisory on CBD product advertising for member stations, thanks to the attorneys at general counsel law firm Jackson Walker LLP.

This “best practices” legal memorandum provides practical advice to Texas broadcasters when stations are approached and are considering airing advertising of consumable and non-consumable goods containing cannabidiol—popularly known as “CBD.”

A 2019 Texas law legalized the production, manufacture and sale of hemp and hemp-derived products in the state.

That law was expanded in the 2021 legislative session.

Previous legislatures authorized and expanded Texas’ so-called “compassionate use program” which allows prescriptions of higher strength THC oil products for specific medical conditions.

The prospect of CBD advertising raises questions regarding what broadcasters can and cannot put on air, particularly given the longstanding association between hemp and illegal drugs.

The advisory provides a summary of the current legal landscape including recent state regulatory and court action concerning the “Delta-8” variant of THC (tetrahydrocannabinol).

TAB Member stations can download the advisory from the Legal Guides & Hotline section of the TAB website.

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Questions? Contact TAB’s Michael Schneider or call (512) 322-9944.

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