On Monday, January 27, 2025, at 2 p.m., the House Health and Human Services Committee held a hearing on HB2179, titled “Marijuana; Advertising; Restrictions.” This bill aims to limit the promotion, and advertising of marijuana, THC products, intoxicating cannabinoids, and related items’ paraphernalia to licensed marijuana establishments or nonprofit medical marijuana dispensaries. It establishes specific rules for advertising, and a requirement to include warning text in all ads. The bill also imposes restrictions on billboard advertising and outlines procedures for handling violations, including timelines, deadlines, and penalties.
During the hearing, billboard images of Santa Claus smoking blunts and using bongs were displayed as examples of inappropriate marketing to children. And a long list of those in favor of the measure ranging from pediatricians to healthcare associations agree, according to azleg.gov RTS opinions. Even pro-cannabis and hemp advocates agree that advertising to children is unacceptable and needs more regulation . However, concerns were raised about the bill’s language, specifically the use of terms like “promote,” “intoxicating cannabinoid,” and “marijuana paraphernalia.”
A. ONLY A MARIJUANA ESTABLISHMENT OR NONPROFIT MEDICAL MARIJUANA DISPENSARY MAY MARKET, PROMOTE, SPONSOR, ADVERTISE OR AUTHORIZE ADVERTISING FOR MARIJUANA, PRODUCTS CONTAINING TETRAHYDROCANNABINOL, INTOXICATING CANNABINOIDS OR MARIJUANA PARAPHERNALIA IN ACCORDANCE WITH RESTRICTIONS IMPOSED BY THIS CHAPTER.
The use of the term “promote” in HB2179 has raised concerns among critics, who argue that it is vague and open to interpretation. This lack of clarity could potentially lead to overreach and conflicts with First Amendment rights, as it may restrict lawful expressions or communications beyond the bill’s intended scope.
Other provisions in HB2179, which include terms like “marijuana paraphernalia” and “intoxicating cannabinoid,” would restrict the marketing of these products to licensed medical marijuana nonprofits or licensed marijuana establishments. This could prevent smoke shops from advertising their own inventory as marijuana-related items. As a result, businesses may once again be forced to label such products as “tobacco water pipes,” a practice that has been common for decades.
During the hearing, several lawmakers, including Rep. Matt Gress (Republican, LD4, Scottsdale), Rep. Sarah Liguori (Democrat, LD5), and the bill’s sponsor, Rep. Selina Bliss (Republican, LD1, Prescott), expressed their thoughts on HB2179. While all voted to advance the bill, they acknowledged concerns and emphasized their openness to potential amendments to address these issues.