• by Adam Buckman , Featured Columnist, Yesterday

If cannabis producers and retailers were ever to start producing TV commercials, what would they look like?

It may just be a matter of time. Long ago, commercials for gambling and alcohol (except for beer and wine) were never seen on television.

Today, they are an established and accepted part of the advertising landscape -- television and otherwise -- with expenditures in the billions of dollars.

Like gambling, marijuana use is a vice that is encouraged by state governments. Gambling is legal in one form or another in 47 states.

Marijuana has been legalized for recreational use in 24 states. Cannabis legalization is reportedly under consideration in seven more states.

As everyone knows, gambling advertising is ubiquitous. Cannabis advertising is not.

Cannabis commercials do exist, but they are said to be extremely rare and mainly seen on local cable for local dispensaries.

One reason given for this is that marijuana is not legal at the federal level. Thus, broadcasters operating under federal licenses refuse to air cannabis commercials.

So, when (not if) will this particular category of advertising start taking off? The answer: When regulatory restrictions, strict guidelines and requirements for cannabis advertising begin to get loosened.

The New York State website has a section devoted to the state’s Office of Cannabis Management, an arm of state government that is likely established in other legal-marijuana states.

One of the web pages -- titled “Marketing and Advertising Guidance” -- lays out all of the state's regulations around cannabis advertising in detail.

If these guidelines are typical of those found in other cannabis-friendly states, then would-be cannabis advertisers face quite a few hurdles in meeting all the requirements and navigating the state bureaucracy.

At present, many, if not most, cannabis retailers are stand-alone stores that lack the resources necessary to pay for advertising.

But retail chains will have the resources to advertise. One such chain -- Syracuse, New York-based FlynnStoned -- has 13 stores in New York state, including six in New York City.

The company is reportedly doing very well. FlynnStoned has no commercials yet, but give them time.

When cannabis TV commercials arrive, what will they look like? Current guidelines prohibit ads from showing anyone actually consuming the product.

In addition, aspects of the messaging are also tightly regulated. “Marketing and advertising must not be attractive to individuals under 21,” says the New York state website.

“Cartoons and mascots are prohibited,” the website says. And, “licensees cannot mimic marketing and advertising for products commonly associated with youth (e.g., candy, soda, cookies, cereal).”

Not mentioned in the preceding paragraph is that these products are not only associated with youth, but also with pot smokers themselves.

One requirement in particular stood out to me: “Cannabis products are required to include recommended serving sizes and clear usage instructions.” Where’s the fun in that?

Fortunately for cannabis retailers, help in understanding and implementing the requirements for advertising and marketing is provided by a trade association, the National Cannabis Industry Association.

The NCIA has a page of 13 different articles covering the advertising and marketing challenges faced by the cannabis industry.

Like advertising for gambling and drinking, cannabis commercials in some form or another seem inevitable unless the pendulum toward legalization starts swinging the other way.