Pubdate: Tue, 13 Jan 2015
Source: News Tribune, The (Tacoma, WA)
Copyright: 2015 Tacoma News, Inc.
Contact: http://blog.thenewstribune.com/letters/submit/
Website: http://www.thenewstribune.com/
Details: http://www.mapinc.org/media/442
Author: Adam Lynn

PIERCE COUNTY JUDGE: STATE CAN'T BAN DOCTORS FROM ADVERTISING 
MARIJUANA SERVICES

A Pierce County Superior Court judge has ruled unconstitutional a 
state law that prohibits doctors and other medical professionals from 
mentioning medical cannabis in their advertisements.

In a ruling filed Friday, Judge Elizabeth Martin said the law 
violates both the state and federal constitutions by curtailing free 
speech. The state might have an interest in regulating such 
advertising, but banning it outright is unacceptable, Martin said.

"I find the statute impermissibly overbroad as it chills even 
informational speech aimed solely at public education," Martin said 
in a written decision.

The ruling came in a case brought by Pierce County osteopath Scott Havsy.

He took the state to court last year after the state Department of 
Health sanctioned him for advertising on the Web and in printed 
publications his willingness to authorize patients' use of medical marijuana.

The sanctions have been on hold while the court case plays out.

Havsy, who's practiced for more than 30 years, has developed a 
reputation as a go-to guy for people seeking cards that authorize 
them to possess marijuana for medical reasons.

His attorney, Mark G. Olson of Everett, argued in pleadings that the 
state's ban hindered patients' ability to find doctors willing to 
provide authorization cards to people seeking to use cannabis for 
medicinal purposes.

"The only restrictions that should be placed on professional 
advertising are to be sure the advertising is not false or 
misleading," Olson argued. "Other than that, when the government 
restricts advertising by professionals, it places a chilling effect 
on the free flow of information, especially on the Internet."

The state was represented by assistant attorney general Joyce A. Roper.

"Dr. Havsy cannot claim constitutionally protected commercial speech 
in his advertisement for the medical use of marijuana because 
marijuana is illegal under federal law and the medical use of 
marijuana remains illegal under state law," Roper argued in her own pleading.

"Free speech protections do not extend to advertisements for an 
illegal product or activity."

Martin sided with Havsy.

"I find that the restriction set forth in the statute at issue is far 
more extensive than necessary as it bars any advertisement in any 
form, regardless of the message, format, context, etc.," the judge 
wrote in her decision.

"The result of this statute is that the public cannot be informed by 
any health care provider, including Dr. Havsy, as to whether that 
provider is even available or willing to perform the required medical 
exam for the certificate of use."

Martin went on to say that she recognizes "the state of Washington 
and its citizens have embarked on what the state has characterized as 
a 'grand national experiment' " with regard to the legalization of 
marijuana and further recognizes that the existing medical marijuana 
laws are not entirely reconciled with the recreational use of 
marijuana legalized by Initiative 502.

"I do not take lightly the import of this decision and expect that 
this ruling will not be the final word on the subject," Martin said.
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MAP posted-by: Jay Bergstrom