A federal judge has denied a request for an injunction against Colorado rules restricting advertising by recreational marijuana shops. KKCO-TV Grand Junction, CO reported the judge says High Times and Westword magazines don’t have standing to challenge the regulations because they’re not the ones affected by them.
The magazines are challenging rules that allow the shops to advertise only in publications expected to no more than 30% of its readers under age 21.
The judge says the magazines didn’t cite instances where marijuana stores had chosen not to advertise with them because of the rules. David Lane, an attorney representing the publications, says the lawsuit will be refiled with additional plaintiffs.
Meanwhile, Justin Sasso, Colorado Broadcasters Association CEO, told RBR-TVBR: “This lawsuit did not involve radio and television broadcasters. Ultimately, over-the-air broadcasters are licensed by the Federal Communications Commission; states and state law have no jurisdiction over federally licensed broadcasters. The Colorado Broadcasters Association still recommends that Colorado radio and television stations should not take retail marijuana advertising until the federal government no longer considers marijuana a controlled substance. To date, the CBA is not aware of any Colorado stations that are accepting retail marijuana advertising dollars.”
Broadcasters are waiting for an overall federal acceptance of marijuana ads before they would feel comfortable that they were not going to be punished, fined or possibly have their license totally taken away.