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Grand Junction, Colo.
The medical marijuana business is booming. Last year, the number of approved users statewide jumped by 70%. With such a large pool of patients, dispensaries are competing for potential customers. But are their advertisements governed by law or even by community standards?
The state legislature is scrambling to make rules for the largely unregulated medical marijuana industry. Representative Steve King from district 54 says, “Let’s face it: we’re in wild, wild west dope heaven right now.”
One area that hasn’t even crossed their desks yet is advertising. According to Rep. King, “Our priority right now is getting, enacting legislation on those core fundamental principles of who can have a store, where you can have a store and so forth.”
While medical marijuana dispensaries aren’t under many regulations, the media outlets that run their ads are, especially TV and radio stations, who are licensed by the federal government. King reminds, “In federal legislation, it is a class one substance. It is still illegal.”
In fact, attorneys for the Colorado Broadcasters Association recommend against running the ads. In an e-mail statement, they told us, “It is our understanding that while the sale of medicinal marijuana is legal under Colorado state law, it is not legal under Federal law. Therefore, if the station were to accept a spot promoting the product, it could be accused by the Feds of promoting an activity that is illegal under federal law.”
We placed calls to the offices of nearly a dozen federal lawmakers and agencies, and they couldn’t, or wouldn’t, answer our questions on the legality of these ads.
Brian Vicente is the Executive Director of Sensible Colorado. He says, “There’s no real governance over dispensary advertising at the state level, really, or at the federal level.”
Based on our research, Vicente is correct, but there are some uncomfortable links to existing law on other types of advertising. King suggests, “You could draw a line between, well, if it’s like tobacco, we restrict the advertising of tobacco because of kids… why wouldn’t we be restricting the smoking of marijuana?”
The medical marijuana industry isn’t opposed to some rules. Dusty Higgins, owner of Nature’s Medicine, says, “We’re all for regulation. There’s no industry out there that doesn’t have regulation. We’re OK with regulations as long as they’re fair on both sides.”
Lawmakers don’t want to deny their rights. King says, “If they have the money to advertise, I’m not sure that necessarily that should be restricted.”
Both sides agree it needs to be done responsibly. Vicente advises, “We certainly encourage any caregiver services or dispensaries to advertise in a way that fits the sort of morals of the communities.”
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Representative Steve King comment Lets face it, were in wild, wild west dope heaven right now. is probably inaccurate and definitely over the top. He needs to do his job and not include personnel opinion when discussing public issues. He was elected to represent the voters of his district. The same voters that approved Medical Marijuana. If any opinion needs to be attached to public comment it should be the opinion of the voters and not his personnel agenda.