Regulation of marijuana promotion in the US: An exploratory
study and framework to address policy issues.
Jeff Foreman, Penn State Harrisburg University
The purpose of this study is to explore the need for regulation of promotion of marijuana use along with a discussion of stakeholders and types of drug consumption involved while determining important influential factors needed to guide potential policy decisions. A categorization of current promotions and target markets will assist to develop our proposed research criteria so policy makers will be able to employ existing and develop new regulations aimed at this rapidly growing form of commerce.
Introduction As an increasing number of US states continue to legalize medicinal and or recreational marijuana use and as the federal government continues to relax enforcement of related federal laws, marijuana use is becoming more of a mainstream topic in the US news and thus promotions abound. For example, in recent news, the issue of the Colorado Symphony holding a concert in which the fans could be expected to smoke marijuana has arisen causing debate among interest groups and lawmakers. The Symphony publicly stated that it accepted support from the legal cannabis industry, so the concern is whether promotion of an event that endorses recreational marijuana use would be in violation of the Symphonys contract terms as well as other possible violations (Dave 2014). This example is one of several that are being complicated by a situation involving numerous pertinent variables in terms of policy regarding promotion of marijuana use.
Potential need for regulation The FDA currently regulates direct-to-consumer (DTC) advertisements that contain benefit and risk information for the consumers. Additionally, the organization regulates marketing efforts including advertisements of the tobacco industry. Industry self-regulation is the norm for beverage alcohol advertising (Reuter, 2014). Likely due to newness of the US industry, there is no current FDA (or US industry) standard regulation of marijuana (or cannabis) advertising. Since the federal government prohibits possession of marijuana under the federal Controlled Substances Act (Mello 2013), it is rather obvious as to why there are no extensive FDA guidelines for marijuana advertising. However, it is our view that the FDA should be concerned about marijuana promotion as state support for medical marijuana (including laws in 20 states and the District of Columbia) may soften public opinion toward the drug. A recent poll found 72% of Americans agreed that government efforts to enforce marijuana laws cost more than they are worth (Reuter, 2014, p. 353).
I mportant stakeholders Advertising and promotion of drugs has been found to be an important informational resource for current and potential common drug consumers (Myers, Royne, and Deitz, 2011). Therefore, regulation of marijuana advertising is an issue that is important for a variety of stakeholder groups, including but not limited to medical use target markets, parents protecting children from influences for recreational use, recreational users, and general opponents. An initial step in the direction of systematic policy regulation would be to establish a framework and classification scheme based on stakeholder interests for the various areas for potential regulation.
Usage dimensions for regulatory purposes In some situations doctors write marijuana prescriptions which would be suitable for DTC guidelines and in others the drug is sold for recreational use without a doctors prescription. Therefore usage dimensions for regulatory purposes are important to assess. Not only are US states regulating promotional policy of a substance the Federal Government deems illegal, but also the substance is marketed and regulated (or not) for consumption in multiple ways (e.g. recreationally and medicinally). It should be of interest to policy makers to assess the various state and industry (self) regulations in order to develop national policy guidelines for both the medicinal and recreational uses of marijuana. For example, Colorado lawmakers recommend voluntary standards similar to those of regulation of the alcohol industry to minimize advertising exposure to minors, while the state of Washington has no known similar guidelines whatsoever (Lenton, 2014). Therefore, it is important to consider standardization in policy across states and to look to similar industries for precedent. Potential policy makers may look to precedent set by policy concerning direct-to-consumer advertising of prescription and over-the-counter drugs, as well as advertising of tobacco and alcohol because marijuana can be related to each of these categories of uses when it is considered a legal drug. Gambling is another area that could provide additional policy insight (see Watson et al. 2004). To enrich the depth of knowledge of existing practices and to provide insight in comparison to previously regulated drug categories, the dimensions in need of regulation of marijuana promotions involve discovery of a proper corresponding categorization scheme. This study will examine marijuana usage categories (i.e., medical including physical/physiological and
psychological as well as recreational) and how they should be considered in terms of promotional policy regulation.
Categorization of current promotions and target markets Because most internet savvy consumers go online to find health care information (Sheehan 2005; Drummy 2002) it is important for drug-marketing policy makers to assess the types of associated information that exists and to consider corresponding regulation. A first step in that direction will be to provide a classification of the various types of promotions (e.g., promotions and events, internet (online), point of purchase, and traditional advertising) as well as differences among regulatory policies covering marketing communications for medicinal as well as recreational use of marijuana. Equally important is message content that could persuade target markets.
Proposed research criteria An exploratory and descriptive study as well as a content analysis of the aforementioned topics including assessment of the various relevant target demographic and psychographic populations along with related clubs and user groups for both recreational and medicinal marijuana will be an important contribution to this new area of research. Especially important are recreational user groups including young people and other vulnerable populations in need of awareness of the reported risks and benefits of marijuana use. We seek to advance the marketing policy literature by studying to better understand the implications of current and potential promotional efforts. Research and parallel education is needed to ensure that the general public is aware of the risk and possible benefits of marijuana. Policy makers should regulate promotional efforts that will contain relevant information available to consumers. Popular topics in the marketing and public policy literature such as warning labels and off label use will be considered with the results of our research. For future research we will gather information from previous studies that is useful for policymakers to develop proper guidelines. An additional area of descriptive analysis for this area of research is the level of education that is required to purchase the marijuana for recreational use. Furthermore, future research could go beyond the US to cover global developments such as the legalization situation Uruguay. This topic could be pertinent to the interest of global policy makers such as the World Health Organization.
References
Lenton, S. (2014). New regulated markets for recreational cannabis: Public health or private profit? Addiction, 109(3), 354- 355.
Myers, S. D., Royne, M. B., & Deitz, G. D. (2011). Direct-to- consumer advertising: Exposure, behavior, and policy implications, Journal of Public Policy & Marketing, 30(1), 110- 118. Reuter, P. (2014). The difficulty of restricting promotion of legalized marijuana in the United States, Addiction, 109(3), 353- 354.
Watson, S., Liddell, P.,Jr, Moore, R. S., & Eshee,William D.,,Jr. (2004). The legalization of internet gambling: A consumer protection perspective, Journal of Public Policy & Marketing, 23(2), 209-213.