A mailer sent to Indiana residents in February 2025 advertising a marijuana retailer just across the state line in New Buffalo, Michigan.
State Rep. Jim Pressel, R-Rolling Prairie, has decided he doesn't just want to prohibit billboards for marijuana products in Indiana, he now wants to ban all marijuana advertising by any means whatsoever.
One week after getting his marijuana billboard ban inserted into House Bill 1390, Pressel used his power as chairman of the House Roads and Transportation Committee Monday to essentially hijack Senate Bill 73, an otherwise benign proposal regulating the sale of utility trailers, and to stick in it his marijuana advertising ban and controversial new rules for commercial towing operators.
Pressel said northern Indiana in general, and his LaPorte County district in particular, are inundated with billboards and other types of advertising for marijuana products available at the eight recreational cannabis retailers located just across the state line in New Buffalo, Michigan.
"My constituents, myself included, receive up to two, what would look like political mailers, a week, advertising an illegal substance — saying come to New Buffalo to a particular business and we'll give you 30% off. We'll give you 10% off," Pressel said. "And it's driving people nuts."
Pressel claimed the Michigan retailers also are using a mobile billboard truck to advertise marijuana products for sale and parking it next to high schools, parks and baseball diamonds on the Indiana side of the state line.
"I think this is unacceptable. If a substance is illegal in Indiana, it shouldn't be able to be advertised in Indiana," Pressel said.
Under his proposal, any person, business or other entity advertising "by any medium" marijuana products, or any other schedule I controlled substance, could face penalties of $5,000 for a first violation, $10,000 for a second and $15,000 for every subsequent violation.
Pressel shrugged off the suggestion that his plan runs afoul of the freedom of speech and freedom of the press protections guaranteed by the 1st Amendment to the U.S. Constitution.
He pointed to a November 2024 federal appeals court ruling from Louisiana that upheld Mississippi's advertising restrictions for its medicinal marijuana program. The court said because marijuana technically is a prohibited product under federal law, there is no obstacle to states restricting commercial speech concerning unlawful transactions.
Marijuana continues to be classified by the federal government as a schedule I controlled substance, which means there is no currently accepted medical use and a high potential for abuse.
But the administration of Democratic President Barack Obama advised states in 2013 that it would not interfere with initiatives to permit recreational or medicinal marijuana use at the state level, provided those efforts did not make marijuana available to children or affect federal drug trafficking enforcement.
Subsequent presidents, including Republican President Donald Trump, have continued that policy, making marijuana de facto legal in most states, including every state bordering Indiana.
Polls show an overwhelming majority of Hoosiers also support marijuana legalization and many patronize out-of-state marijuana retailers.
However, the Republican-controlled General Assembly repeatedly has killed various proposals to legalize marijuana in Indiana, and there's no mechanism for Hoosiers to bypass the Legislature and legalize pot through a voter referendum.
"That conversation is not taking place," Pressel insisted.
The marijuana advertising ban must still be approved by the full House, and then return to the Senate for reconsideration and re-approval to advance to Republican Gov. Mike Braun to be signed into law or vetoed.
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