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February 12, 2014

"High Times, Westword sue Colorado over marijuana ad restrictions"

The title of this post is the headline of this interesting new report on the latest notable legal frontier concerning marijuana law and reforms.  Here are the basics:

The publisher of marijuana magazine High Times has sued the state of Colorado in federal court over the state’s rules preventing recreational cannabis businesses from advertising in most publications.  High Times, along with local weekly magazine Westword, filed the lawsuit on Monday.  It marks the first time anyone has challenged the restrictions in court.

The rules allow recreational marijuana businesses to advertise only in publications that are adult-oriented.  According to the state’s rules, recreational marijuana stores can advertise only in a publication that “has reliable evidence that no more than 30 percent of the publication’s readership is reasonably expected to be under the age of 21.”  There is no such restriction on medical marijuana businesses.

The lawsuit argues the rules, which also restrict television, radio and outdoor advertising, are an unconstitutional restriction of free speech.  The magazines are “chilled from soliciting advertisements from prospective clients and prevented from making revenue from clients who wish to engage in advertising concerning marijuana-related products and services,” the lawsuit’s complaint states....

It is also unclear how the suit’s filing in federal court will impact the judge’s assessment of its claim that the ads concern “lawful activity,” since marijuana is illegal federally. But publications have previously had success in federal court in overturning another Colorado marijuana law — one that required marijuana-themed publications to be kept behind the counter at stores.

Cross-posted at Marijuana Law, Policy and Reform

February 12, 2014 at 04:27 PM | Permalink

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