Pubdate: Fri, 18 Dec 2015
Source: Denver Post (CO)
Copyright: 2015 The Denver Post Corp
Contact:  http://www.denverpost.com/
Details: http://www.mapinc.org/media/122
Author: Tom McGhee

POST OFFICE MUST ACCEPT POT ADS

But Local Officials Can Report the Mailings to Law Enforcement.

It is illegal to mail newspapers or other materials that contain 
advertising for marijuana products, but local postal officials can't 
refuse to accept such mail, the Postal Service said.

Postal officials, however, can report the mailings to law enforcement 
agencies for investigation if they feel that is warranted, said 
Thomas Marshall, postal service executive vice president and general counsel.

The statement, addressed to Democratic U.S. Rep. Earl Blumenauer of 
Oregon, follows a request from members of that state's congressional 
delegation for an explanation of Postal Service policy prohibiting 
material containing the advertising through the federal mail.

Colorado and Oregon are among 23 states that have legalized marijuana 
use in some form.

Postmasters who think mail contains the ads must accept it but may 
then report it to law enforcement agencies for investigation "if 
appropriate," Marshall said in the letter dated Dec. 15.

Marshall's response indicates the Postal Service won't stop mailings 
including the ads, and "that is reassuring," said Steve Zansberg, 
president of the Colorado Freedom of Information Coalition.

A U.S. Department of Justice memo from 2013 providing guidance to all 
U.S. attorneys outlined eight factors that should influence any 
decision they make to engage in marijuana enforcement.

Among them are preventing distribution to minors, and distribution of 
revenue from marijuana sales to criminal enterprises.

Also included are preventing diversion of marijuana from states where 
it is legal to those where it is illegal under state law.

None of them mention the flow of advertising through the mail.

"The U.S. attorney relies on guidance provided by the DOJ," said Jeff 
Dorschner, a spokesman for John Walsh, U.S. attorney for the District 
of Colorado.

"We can't speak on individual matters, but we are bound by those 
eight factors."

In November, a memo distributed in the Portland, Ore., postal 
district said it was unlawful for news outlets to run marijuana ads 
and use the U.S. mail for delivery. The memo caused confusion among 
publishers whose newspapers publish ads for the region's dispensaries 
and manufacturers. Medical and recreational marijuana are legal in Oregon.

"Per USPS policy based on the existing federal statute, local postal 
officials have been advised not to decide whether written, printed or 
graphic matter is - solely because of its content - non-mailable," 
John Friess, Postal Service spokesman, said in an e-mail.

The Associated Press contributed to this report.
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MAP posted-by: Jay Bergstrom