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JCAR tables invalidation push after debate over billboard ban in Ohio cannabis advertising rule
Summary
After the Outdoor Advertising Association of Ohio warned that a Division of Cannabis Control rule (OAC 131-18-4-22) banning billboard and many out‑of‑home ads exceeded agency authority and could implicate First Amendment concerns, the division defended the restriction; a motion to invalidate the rule was moved and then laid on the table after a 6‑4 vote to table.
A proposed rule from Ohio’s Division of Cannabis Control that would block billboard and several out‑of‑home advertisements for recreational cannabis (OAC 131‑18‑4‑22) drew sharp questioning from members of the Joint Committee on Agency Rule Review on Nov. 17 and produced a motion to recommend invalidation that was later tabled.
Kevin Futrick (executive director, Outdoor Advertising Association of Ohio) told JCAR the division exceeded its statutory authority under ORC 37.80.21(b) by prohibiting billboard advertising and other media and said the ban would "overly burden the legitimate commercial speech of adult use cannabis operators." He said the OAAO had obtained a legal opinion raising First Amendment concerns and urged the committee to act.
The division defended the restrictions as a narrowly tailored tool to prevent advertising that would target minors. "The division does have the statutory authority to adopt reasonable standards for advertising," said Emily Grosskose, deputy superintendent of the division. She and division counsel Andrew Mikoski explained the regulatory distinction the division draws between on‑site wayfinding signage (permitted) and off‑site advertising such as billboards (restricted), citing precedent from tobacco‑ad litigation and rules carried over from the medical cannabis program.
Senator Andrew DeMora led sustained questioning, saying the rule appears to forbid most advertising outside of a licensee's website and arguing that similar industries (alcohol, some tobacco advertising) still use billboards and stadium signage. The division responded that wayfinding and on‑site signage remain allowed and that online marketing can be age‑gated for 21+ audiences.
After debate, Senator DeMora moved to recommend invalidation of OAC 131‑18‑4‑22 for exceeding statutory authority and conflicting with legislative intent. Committee members then moved to table that invalidation motion; the clerk recorded a 6‑yes, 4‑no vote to table, and the chair announced the invalidation motion was laid upon the table.
The outcome leaves the proposed advertising restrictions intact for now; tabling the invalidation motion means JCAR did not reach a substantive committee recommendation on invalidation at this meeting. The division said it will continue to defend the rule as necessary to prevent youth targeting, while industry groups and some legislators said they would pursue further review.
