Durangoans listening to X-Rock-FM (105.3) may have noticed ads for marijuana, whether they’re into the area’s “best buds” or not.
The move to advertise for marijuana stores such as Sante Alternative Wellness was not an easy decision for managers at X-Rock. Station heads must walk a fine line navigating state regulations, while also recognizing that marijuana remains illegal on the federal level.
“There was actually initially some resistance to it because we are federally regulated, and we all know that marijuana is still federally prohibited,” said Jamie Osborn, program director for X-Rock.
But the radio spots could signal a future for advertising in Colorado, as marijuana legalization continues to establish itself as a norm. X-Rock is far from the only station participating in such advertising. Radio stations across the state are experimenting with cannabis ads.
“Bottom line for us is marijuana is legal in Colorado,” Osborn said. “The businesses that advertise it are licensed by the state and locally, and both the state and city are enjoying the increases in tax revenue. I see no difference in these businesses with any other in our area.”
One such ad for Sante says the Durango marijuana store “specializes in high-quality hydroponically-grown cannabis, infused edibles and accessories” at “unbeatable prices.”
Tommy Moore, spokesman for marijuana enforcement and taxation at the Colorado Department of Revenue, said retail recreational marijuana stores are allowed to advertise on the radio if they follow certain guidelines.
Under Colorado retail marijuana rules, stores are prohibited from radio advertising unless the store has “reliable evidence” that no more than 30 percent of the program audience is “reasonably expected” to be younger than 21. In other words, the programming should not target children.
An identical rule exists for print advertising, and The Durango Herald runs advertising for marijuana businesses. But state regulators do not regulate the language that is used in marijuana advertising.
“The Marijuana Enforcement Division’s rule determines specifications that a licensed retail marijuana business must adhere to if it chooses to advertise via radio. It does not regulate the language the radio station chooses to use,” Moore said.
The emergence of marijuana radio advertising has some parents worried. Gina Carbone, co-founder of Smart Colorado, which advocates for protecting kids from marijuana, said the ads send a mixed message.
“As a parent, you want to try and shield your kids from things, and you can talk to them about the problems of marijuana, or to stay away from drugs, and you can give them these messages, but when they’re being exposed to it and they hear it or see messages, it’s outside our control,” Carbone said. “What it does is it just normalizes it.”
Another factor to consider is where the airwaves go. Broadcasts from Durango spill into New Mexico, where recreational marijuana remains illegal. Colorado rules do not regulate the broadcast signal range.
A spokeswoman for the Federal Communications Commission, which regulates interstate and international communications by radio, declined to comment.
Osborn said stations are governed by rules that pertain to the city of license, pointing out that when he worked for a radio group in Farmington several years ago, the group accepted ads from medical marijuana centers in Colorado.
“There really isn’t much difference than someone streaming a station from another state or country or hearing it on say an AM station,” Osborn said. “If one of the businesses were to ‘target’ out-of-state customers – such as show us your out-of-state ID and get a special – I would counsel against that.”
