Limits On Marijuana Advertising Land Colorado In Court

COLORADO: Two publications have sued Colorado in federal court over restrictions that prohibit the state’s legalized recreational marijuana industry from advertising on television, radio, online or in most print publications.

High Times magazine, which caters to marijuana enthusiasts, and Westword, a Colorado alternative weekly newspaper, said in a suit filed this week in U.S. District Court in Denver that the rules were “unjustifiably burdensome” and violate free speech rights guaranteed by the U.S. Constitution.

“Government restrictions on commercial speech that concerns lawful activity and is not misleading violate the First Amendment,” the complaint said.

Under Colorado law, recreational marijuana shops cannot advertise on television and radio, over the Internet, or in print publications unless they can establish that no more than 30 percent of the targeted audience is under the age of 21.

The ban also extends to advertising on billboards or other outdoor venues, and any campaign that targets people outside Colorado. The advertising limits do not apply to Colorado’s medical marijuana industry, which has been in place since 2001.

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