2. Background
Medical marijuana is first legalized in the state of California in 1996
Broadly legalized in 26 states and the District of Columbia either medically
or recreationally
Other states are beginning to decimalize distribution, possession and
consumption
Alcohol and tobacco have regulated advertising, new advertising
regulation is remerging in response to the recent trend of the legalization
of marijuana
Federally designated Schedule I substance (felony to distribute, posses or
consume)
3. Brief History
Advertising marijuana is uncharted territory blurring the lines of what is
legal v. illegal
No nationwide laws because it is legalized state by state and regulated
under each individual state’s government
Can sometimes be a risky decision for many kinds of publications and
broadcasters
4. MAILS Act of 2016
Marijuana Advertising in Legal States (MAILS) Act of 2016
In regards to advertising marijuana products, “Section 403(c)(1) of the
federal Controlled Substances Act (CSA), it is unlawful to place an
advertisement for a Schedule I substance, including medical marijuana
products in any newspaper, magazine, handbill or other publication, even
if that activity is under state law. (Wyden 106)
MAILS was created as an exception to/ amendmant Section 403(c)(1) of the
CSA to allow for the written advertisement of marijuana activity without
triggering federal law enforcement action as long as the activity is within
compliance of the state law
5. Recent Case Law
Trans-High Corporation v. State of Colorado, 42 U.S. (1983)
Retail Marijuana code was developed “requiring that magazines whose
primary focus is marijuana or marijuana businesses are only sold in retail
marijuana stores or behind the counter in establishments where persons
under twenty-one years of age are present.” (United States District Court
2013)
Trans-High Corp filed lawsuit stating the Code Provision violated the first
amendment of the United States Constitution and Art II, section 10 of the
constitution of the state of Colorado
Attorney General released a statement that the case presented no
constituently deficiency
