New York subways bans advertising of cannabis or mushrooms

Advertising related to cannabis or psychedelic mushrooms is now banned on New York City transit companies.

The Metropolitan Transit Authority (MTA) of New York updated its advertising guidelines on Nov. 17, advising that public transport must not advertise cannabis or psychedelic mushrooms. “The revised policy includes certain provisions that were part of previous directives (with some changes) and adds new restrictions due to changed circumstances. For example, the revised advertising policy specifically bans the advertising of cannabis products after the recreational use of such products was decriminalized in New York State, ”the MTA wrote on its website.

The revised advertising directive states that the ban applies to anything that: “promotes tobacco, nicotine or other tobacco-related or nicotine-related products; any alcohol product; Cannabis or a product related to cannabis; or hallucinogenic mushrooms or hallucinogenic mushroom-like product. ”

The prohibited advertising list also applies to a wide variety of other types of content, including advertising or political party opposition, anything to do with religious policy, anything “false, misleading, or deceptive”, anything “unsafe Encourages or Depicts Behavior “that includes advertising for escort services, strip clubs, or other sexual services, anything with swear words and many other prohibited forms of advertising.

The policy change is the result of a legal settlement with the sex wellness brand Dame. A complaint was filed by Dame in 2019 when the MTA opposed the company’s promotional activities despite the MTA previously approving dating apps with suggestive pictures, the Museum of Sex, and sexual health products for men. Dame argued that the company’s sexual health advertising ban was unconstitutional. “Sexual pleasure is an important part of wellbeing. Denial of lady billboards stifles our ability to articulate the value we bring; Innovation and development of products for female sexual pleasure; and enforces sexual shame as a social norm, ”said Dame CEO Alexandra Fine.

She continued: “The MTA has disproportionately applied its anti-sexually oriented business clause to entertainment advertising by women, which is unconstitutional. They let erectile dysfunction adverts go on while they denied us, making them a social and economic gatekeeper who is entitled to pleasure. We had to fight for our right to advertise and believe that this is a step forward to close the enjoyment gap. “

Now that cannabis and psychedelic mushrooms are banned from advertising on New York City transport services, this raises some questions about the future. It is uncertain whether the MTA will evolve or change its policies when recreational cannabis legalization officially begins in New York (currently expected to begin in 2022, but may change).

The state’s recreational cannabis bill, also known as the Marihuana Regulation and Taxation Act, gives the Cannabis Control Board the power to dictate rules for cannabis advertising, particularly advertisements that promote consumption, appeal to children, and specifically “… is.” in “public transport and train stations.”

Additionally, support for psychedelic mushroom legalization is growing across the country, but only a few cities like Denver, Colorado and Oakland, California, and states like Oregon that decriminalized psilocybin mushrooms in 2020 are they legal or decriminalized Not currently legal in New York so there is no legal market to promote mushroom sales.

Other legal states have passed laws to prevent cannabis advertisements such as billboards. In February, the California Bureau of Cannabis Control announced a ban on cannabis billboard advertisements located near a freeway or state line. More recently, California Governor Gavin Newsom vetoed Assembly Bill 1302, which would have allowed the return of cannabis billboards on freeways and freeways, citing the effects of exposure to young people. States like Michigan have also passed billboard banning laws.