On January 11, 2021, in the case of Farmer v. Bureau of Cannabis Control (Bureau) & Lori Ajax, the San Luis Obispo County Superior Court entered a formal judgement ruling that Section 5040(b)(3) of the Bureau’s regulations is invalid.
This means that Section 5040(b)(3), which only prohibited billboard advertising within a 15-mile radius of the California border on an interstate or state highway that crosses the California border, is no longer in effect. Therefore, a licensee may not place advertising or marketing on a billboard, or similar advertising device, anywhere on an interstate or state highway that crosses the California border, as indicated in Business and Professions Code section 26152(d).
To comply with the law and regulations, licensees may not place new advertising or marketing on any interstate highway or state highway that crosses the California border. Licensees should also begin the process of removing current advertising and marketing that meets this criteria.
Licensees that have questions regarding complying with court’s ruling may send them toBCC@DCA.CA.GOV.