With references to "folks that are out in front of a creepy old van slinging this dope," the Denver City Council voted unanimously on Aug. 13 to ban outdoor advertising for medical marijuana dispensaries in the city. Though similar bans have been criticized for violating business owners' First Amendment rights, the move has attracted a variety of opinions on medical marijuana and advertising rights.
Local medical marijuana industry groups are split on whether the ban, which would make it illegal for dispensaries to advertise on billboards, bus stop benches or hand-held signs on the street, discriminates against their rights. One group, the Medical Marijuana Industry Group, actually campaigned for the ban because, they say, the often-colorful ads hurt the industry's reputation. But the Cannabis Business Alliance says that the ban is too broad. And the head of Colorado's chapter of NORML, the marijuana legalization advocacy group, says that no medicine should be allowed to advertise.
The issue has come up in most states that have legalized marijuana for medicinal purposes. Montana passed a ban on advertising, but the law is frozen until a legal challenge to it is resolved. Washington state has a law preventing doctors from mentioning or referring to medical marijuana in their advertising.
The Denver ordinance will not officially pass until after a second vote scheduled for the week of Aug. 20. But with the City Council voting 13-0 in favor on Aug. 13, its passage appears to be inevitable. Dispensary owners in the city who are unsure whether their advertising may get them into legal trouble may wish to consult with a defense attorney.
Source: Tucson News Now, "Medical Marijuana ads under attack in Denver," Kristen Wyatt, Aug. 14, 2012
Our law firm represents people who are facing drug charges in the Denver area. For more information, please visit our Denver drug charges defense page.
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