II 

117TH CONGRESS 

2D SESSION S. 4622 

To establish protections for radio and television stations that provide advertising services to cannabis-related legitimate businesses and service providers for such businesses, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 26, 2022 

Mr. LUJA ́N (for himself and Mr. MERKLEY) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

A BILL 

To establish protections for radio and television stations that 

provide advertising services to cannabis-related legitimate 

businesses and service providers for such businesses, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS; PURPOSE. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Secure And Fair Enforcement Advertising Act of 2022’’ 

6 or the ‘‘SAFE Advertising Act of 2022’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 


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Sec. 1. Short title; table of contents; purpose. 

Sec. 2. Definitions. 

Sec. 3. Safety for advertising. 

Sec. 4. Protections for ancillary businesses. 

Sec. 5. Protections under Federal law. 

Sec. 6. Application of this Act with respect to hemp-related legitimate businesses and hemp-related service providers. 

Sec. 7. GAO report. 

1 (c) PURPOSE.—The purpose of this Act is to ensure 

2 access to advertising services from radio and television 

3 stations for cannabis-related legitimate businesses and 

4 service providers. 

5 SEC. 2. DEFINITIONS. 

6 In this Act: 

7 (1) CANNABIS.—The term ‘‘cannabis’’ has the 

8 meaning given the term ‘‘marihuana’’ in section 102 

9 of the Controlled Substances Act (21 U.S.C. 802). 

10 (2) CANNABIS PRODUCT.—The term ‘‘cannabis 

11 product’’ means any article that contains cannabis, 

12 including an article that is a concentrate, an edible, 

13 a tincture, a cannabis-infused product, or a topical. 

14 (3) CANNABIS-RELATED LEGITIMATE BUSI15 NESS.—The term ‘‘cannabis-related legitimate busi16 ness’’ means a manufacturer, a producer, or any 

17 person or company that— 

18 (A) engages in any activity described in 

19 subparagraph (B) pursuant to a law established 

20 by a State or political subdivision of a State, as 


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1 determined by the State or political subdivision; 

2 and 

3 (B) participates in any business or orga4 nized activity that involves handling cannabis or 

5 cannabis products, including cultivating, pro6 ducing, manufacturing, selling, transporting, 

7 displaying, dispensing, distributing, or pur8 chasing cannabis or cannabis products. 

9 (4) CBD.—The term ‘‘CBD’’ means 

10 cannabidiol. 

11 (5) HEMP.—The term ‘‘hemp’’ has the meaning 

12 given the term in section 297A of the Agricultural 

13 Marketing Act of 1946 (7 U.S.C. 1639o). 

14 (6) INDIAN COUNTRY.—The term ‘‘Indian coun15 try’’ has the meaning given that term in section 

16 1151 of title 18, United States Code. 

17 (7) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

18 has the meaning given the term ‘‘Indian tribe’’ in 

19 section 102 of the Federally Recognized Indian 

20 Tribe List Act of 1994 (25 U.S.C. 5130). 

21 (8) MANUFACTURER.—The term ‘‘manufac22 turer’’ means a person who manufactures, com23 pounds, converts, processes, prepares, or packages 

24 cannabis or cannabis products. 


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1 (9) PRODUCER.—The term ‘‘producer’’ means a 

2 person who plants, cultivates, harvests, or in any 

3 way facilitates the natural growth of cannabis. 

4 (10) SERVICE PROVIDER.—The term ‘‘service 

5 provider’’— 

6 (A) means a business, organization, or 

7 other person that— 

8 (i) sells goods or services to a can9 nabis-related legitimate business; or 

10 (ii) provides any business services, in11 cluding the sale of advertising, the sale or 

12 lease of real or any other property, legal or 

13 other licensed services, or any other ancil14 lary service, relating to cannabis; and 

15 (B) does not include a business, organiza16 tion, or other person that participates in any 

17 business or organized activity that involves han18 dling cannabis or cannabis products, including 

19 cultivating, producing, manufacturing, selling, 

20 transporting, displaying, dispensing, distrib21 uting, or purchasing cannabis or cannabis prod22 ucts. 

23 (11) STATE.—The term ‘‘State’’ means each of 

24 the several States, the District of Columbia, the 


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1 Commonwealth of Puerto Rico, and any territory or 

2 possession of the United States. 

3 SEC. 3. SAFETY FOR ADVERTISING. 

4 (a) IN GENERAL.—The Federal Communications 

5 Commission may not— 

6 (1) with respect to an authorization relating to 

7 a radio or television broadcast station, deny, fail to 

8 renew for a full term or condition the authorization, 

9 decline to approve an application for authority to as10 sign the authorization or transfer direct or indirect 

11 control of the licensee, require an early renewal ap12 plication, or otherwise impair the authorization, be13 cause the station broadcast or otherwise transmitted 

14 advertising of a cannabis-related legitimate business 

15 or service provider, if the activities of the cannabis16 related legitimate business or service provider were, 

17 at the time of the broadcast or other transmission 

18 of advertising, authorized in the State, political sub19 division of a State, or Indian country in which the 

20 community of license of the station is located; 

21 (2) commence any proceeding against, issue a 

22 notice of apparent liability or inquiry to, or impose 

23 a forfeiture penalty on a radio or television broad24 cast station under title V of the Communications 

25 Act of 1934 (47 U.S.C. 501 et seq.) because the staVerDate Sep 11 2014 16:22 Aug 04, 2022 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4622.IS S4622

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1 tion broadcast or otherwise transmitted advertising 

2 of a cannabis-related legitimate business or service 

3 provider, if the activities of the cannabis-related le4 gitimate business or service provider were, at the 

5 time of the broadcast or other transmission of adver6 tising, authorized in the State, political subdivision 

7 of a State, or Indian country in which the commu8 nity of license of the station is located; or 

9 (3) deny or designate for hearing any applica10 tion for an authorization relating to a radio or tele11 vision broadcast station solely because— 

12 (A) the applicant— 

13 (i) is or has been a cannabis-related 

14 legitimate business or service provider; or 

15 (ii) is an owner, officer, operator, or 

16 employee of a cannabis-related legitimate 

17 business or service provider; or 

18 (B) an owner, officer, director, or employee 

19 of the applicant, any parent entity of the appli20 cant, or the applicant has provided or is pro21 viding services, including advertising services, 

22 equipment, or other support, for the operation 

23 of a cannabis-related legitimate business or 

24 service provider. 


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1 (b) LABELING REQUIREMENT.—Subsection (a) shall 

2 only apply with respect to the advertising of products sold 

3 by a cannabis-related legitimate business if— 

4 (1) the advertisement— 

5 (A) contains a disclosure that states, ‘‘This 

6 product has not been evaluated by the Food 

7 and Drug Administration. There may be health 

8 risks associated with consumption of this prod9 uct.’’; or 

10 (B) complies with any applicable labeling 

11 requirements or other requirements adopted by 

12 the Surgeon General or the Food and Drug Ad13 ministration for advertising of cannabis or can14 nabis products; and 

15 (2) the advertiser has reliable evidence that not 

16 less than 70 percent of the audience for the adver17 tisement is reasonably expected to be not less than 

18 21 years of age, with the burden of proof regarding 

19 the expected audience composition lying with the ad20 vertiser. 

21 SEC. 4. PROTECTIONS FOR ANCILLARY BUSINESSES. 

22 For the purposes of sections 1956 and 1957 of title 

23 18, United States Code, section 421 of the Controlled Sub24 stances Act (21 U.S.C. 862), and any other provision of 

25 Federal law, the proceeds from a transaction involving acVerDate Sep 11 2014 16:22 Aug 04, 2022 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4622.IS S4622

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1 tivities of a cannabis-related legitimate business or service 

2 provider shall not be considered proceeds from an unlawful 

3 activity or require the denial of Federal benefits solely be4 cause— 

5 (1) the transaction involves proceeds from a 

6 cannabis-related legitimate business or service pro7 vider; or 

8 (2) the transaction involves proceeds from— 

9 (A) cannabis-related activities described in 

10 section 2(3)(B) conducted by a cannabis-related 

11 legitimate business; or 

12 (B) activities described in section 2(10)(A) 

13 conducted by a service provider. 

14 SEC. 5. PROTECTIONS UNDER FEDERAL LAW. 

15 With respect to providing advertising service to a can16 nabis-related legitimate business (where the cannabis-re17 lated legitimate business operates within a State, a polit18 ical subdivision of a State, or Indian country in which the 

19 cultivation, production, manufacture, sale, transportation, 

20 display, dispensing, distribution, or purchase of cannabis 

21 is allowed pursuant to a law or regulation of the State, 

22 the political subdivision, or the Indian Tribe with jurisdic23 tion over the Indian country, respectively) or a service pro24 vider (wherever located), a radio or television station li25 censed to a community within a State, a political subdiviVerDate Sep 11 2014 16:22 Aug 04, 2022 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4622.IS S4622

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1 sion of a State, or Indian country in which the activities 

2 of the cannabis-related legitimate business promoted in 

3 the advertising service are allowed, a depository institu4 tion, insurer, or other entity that provides a financial or 

5 other service to such a radio or television station providing 

6 advertising service to a cannabis-related legitimate busi7 ness or service provider, and the officers, directors, and 

8 employees of such radio or television station, depository 

9 institution, insurer, or other entity may not be held liable 

10 pursuant to any Federal law or regulation, including sub11 section (b) or (c) of section 403 of the Controlled Sub12 stances Act (21 U.S.C. 843)— 

13 (1) solely for providing such advertising service 

14 or related financial or other service; or 

15 (2) for further investing any income derived 

16 from such advertising service or related financial or 

17 other service. 

18 SEC. 6. APPLICATION OF THIS ACT WITH RESPECT TO 

19 HEMP-RELATED LEGITIMATE BUSINESSES 

20 AND HEMP-RELATED SERVICE PROVIDERS. 

21 (a) IN GENERAL.—This Act shall apply with respect 

22 to a hemp-related legitimate business or hemp-related 

23 service provider in the same manner as the Act applies 

24 with respect to a cannabis-related legitimate business or 

25 service provider. 


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1 (b) DEFINITIONS.—In this section: 

2 (1) HEMP-RELATED LEGITIMATE BUSINESS.— 

3 The term ‘‘hemp-related legitimate business’’ means 

4 a manufacturer, producer, or any person that— 

5 (A) engages in any activity described in 

6 subparagraph (B) in conformity with— 

7 (i) subtitle G of the Agricultural Mar8 keting Act of 1946 (7 U.S.C. 1639o et 

9 seq.) and the regulations issued to imple10 ment that subtitle by the Department of 

11 Agriculture, where applicable; and 

12 (ii) the applicable law of a State, po13 litical subdivision of a State, or Indian 

14 Tribe; and 

15 (B) participates in any business or orga16 nized activity that involves handling hemp, 

17 hemp-derived CBD products, and other hemp18 derived cannabinoid products, including culti19 vating, producing, extracting, manufacturing, 

20 selling, transporting, displaying, dispensing, or 

21 purchasing hemp, hemp-derived CBD products, 

22 and other hemp-derived cannabinoid products. 

23 (2) HEMP-RELATED SERVICE PROVIDER.—The 

24 term ‘‘hemp-related service provider’’— 


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1 (A) means a business, organization, or 

2 other person that— 

3 (i) sells goods or services to a hemp4 related legitimate business; or 

5 (ii) provides any business services, in6 cluding the sale of advertising, the sale or 

7 lease of real or any other property, legal or 

8 other licensed services, or any other ancil9 lary service, relating to hemp, hemp-de10 rived CBD products, or other hemp-derived 

11 cannabinoid products; and 

12 (B) does not include a business, organiza13 tion, or other person that participates in any 

14 business or organized activity that involves han15 dling hemp, hemp-derived CBD products, or 

16 other hemp-derived cannabinoid products, in17 cluding cultivating, producing, manufacturing, 

18 selling, transporting, displaying, dispensing, dis19 tributing, or purchasing hemp, hemp-derived 

20 CBD products, and other hemp-derived 

21 cannabinoid products. 

22 SEC. 7. GAO REPORT. 

23 (a) DEFINITIONS.—In this section— 


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1 (1) the term ‘‘small business concern’’ has the 

2 meaning given the term in section 3 of the Small 

3 Business Act (15 U.S.C. 632); and 

4 (2) the term ‘‘socially and economically dis5 advantaged individual’’ has the meaning given the 

6 term in section 8(d) of the Small Business Act (15 

7 U.S.C. 637(d)) and relevant subcontracting regula8 tions prescribed under such section 8(d), except that 

9 women are presumed to be socially and economically 

10 disadvantaged. 

11 (b) REPORT.—Not later than 1 year after the date 

12 of enactment of this Act, the Comptroller General of the 

13 United States shall— 

14 (1) conduct a study of cannabis-related legiti15 mate businesses that— 

16 (A) are small business concerns; or 

17 (B) are owned by a socially and economi18 cally disadvantaged individual; and 

19 (2) submit a report on the results of the study 

20 conducted under paragraph (1) to Congress. 

21 (c) CONTENTS.—The report submitted under sub22 section (b) shall include— 

23 (1) an evaluation of whether cannabis-related 

24 legitimate businesses that are small business con25 cerns or are owned by a socially and economically 


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1 disadvantaged individual face systemic barriers to 

2 access service providers compared to other cannabis3 related legitimate businesses; and 

4 (2) recommendations to Congress to facilitate 

5 the access of cannabis-related legitimate businesses 

6 to service providers, particularly cannabis-related le7 gitimate businesses that— 

8 (A) are small business concerns; or 

9 (B) are owned by a socially and economi10 cally disadvantaged individual. 

Æ 


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