It appears that any hopes of allowing cannabis advertising alongside California highways has come to an end with California Governor Gavin Newson vetoing AB-1302 which would have allowed marijuana ads on billboards along interstate freeways and state highways that cross state borders, except within 15 miles of another state.

In 2016, California voters legalized marijuana through an initiative which became known as Proposition 64.  When California legalized marijuana it established an agency to regulate the industry, the Bureau of Cannabis Control.

Part of the law legalizing marijuana in California prohibited advertising “located on an Interstate Highway or on a State Highway which crosses the California border.” The Bureau made an interpretation of the law and issued a regulation prohibiting marijuana advertising within fifteen miles of the California border on an Interstate Highway or on a State Highway that crosses the state’s border.  That regulation was contested in court ending with a judges ruling that the ban should be for the entire state highway and interstate system.

The California legislature attempted to restore the Bureau’s regulation passing AB-1302, but the Governor stepped in with the veto.

“When the voters passed Proposition 64, they enacted robust protections shielding youth from exposure to cannabis and cannabis advertising,” Newsom said in a veto message. “Among other things, voters completely prohibited billboard-based cannabis advertising on all Interstate Highways, and on all State Highways that cross the California border. Allowing advertising on these high-traffic thoroughfares could expose young passengers to cannabis advertising.”

Insider checked in with California attorney Richard Hamlin who provided his response to the L.A. Times article from last week. Here are some of his thoughts.

The dems have a super majority in both the state senate and the assembly.  They could override the veto, but Ms. Rizzo of the Times is correct that, “the state Constitution requires changes to initiatives to be put to a vote of the people unless the ballot measure provides for legislative amendment.”

The best chance of success would be in federal court, with arguments based entirely on federal constitutional issues.  I think it is unlikely that a state court judge or appellate panel would overturn the result at this point.

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