Acreage Holdings –aiming for a primo ad slot during the upcoming “Big Game”– had their ad about medical marijuana rejected by CBS, the NFL’s Super Bowl 53 broadcast partner. While the move comes as no surprise from CBS or their NFL partners, it is a telling moment about where cannabis and legalization are both at in the US at this particular moment in space and time.

We know you’re plenty familiar with the Super Bowl, but maybe you’re a little less familiar with Acreage. The company, as devotees of the MMLG blog will recall, made headlines last April when John Boehner joined their executive board, and also operates in 15 states. Of those 15, all but three (California, Oregon and Iowa) are east of the Mississippi River. Acreage has wisely been playing a medium game and collecting licenses in rather densely populated regions like the Midwest and mid-Atlantic. So, while they’re by no means new to the canna-game, one is forgiven for not recognizing them.

Acreage Holdings Knew They Wouldn’t Get an Ad Slot

But back to the attempted Super Bowl ad buy. Acreage probably knew they weren’t going to get approved for it. Heck, their president, George Allen, said as much in a statement, “We’re not particularly surprised that CBS and/or the NFL rejected the content.” Acreage instead pulled a pretty remarkable piece of, in marketing parlance, “earned media” by getting the national business media who is always in a tizzy, and lately really in a tizzy about cannabis companies, talking about it and well, based off that even you’re ever cunning MMLG blogger is writing about it, their stunt worked. [We know how the clicks game is played –Ed.]

So now when Acreage does debut their 60-second ad on medical marijuana –parking our cynicism for a sec, does seem like a great ad for medical marijuana and the utility therein– the company will get some extra clicks to their site and hopefully some extra business.

In any case, most interesting about the rejection of this ad is the rationale behind the rejection. Much like so many plant-touching businesses getting their ads rejected online by the likes of social media or ad-hosting server companies, Acreage was denied due to the FCC not allowing the promotion of any Schedule 1 substance due to the Controlled Substance Act. Broadcast television with their broadcast standards, am I right? While CBS and the NFL had to turn away Acreage and their up to $5.2 million dollar check for advertising this time, this is yet another strong reminder that the tides are turning.