Pubdate: Wed, 12 Feb 2014
Source: Denver Post (CO)
Copyright: 2014 The Denver Post Corp
Contact:  http://www.denverpost.com/
Details: http://www.mapinc.org/media/122
Author: John Ingold

MAGAZINES SUE STATE OVER AD RULES

High Times and Westword Say the Age-Based Limits Are a Restriction of
Free Speech.

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.

The lawsuit doesn't state specific instances in which High Times or
Westword were harmed by the rules. In Westword's latest issue, there
are at least nine ads by marijuana businesses advertising that they
are open for recreational sales or soon will be.

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.

A spokeswoman for the Colorado attorney general's office said she
couldn't comment because the state's lawyers hadn't yet seen the suit. 
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MAP posted-by: Jo-D