Judge tosses out federal lawsuit over retail marijuana advertising in Colorado

A federal judge on Friday dismissed a lawsuit brought by the Colorado Press Association and the Pulp magazine in Pueblo over state regulations that restrict recreational marijuana advertising.

U.S. District Court Judge Marcia Krieger ruled that neither the Pulp nor the press association has legal standing to challenge the Colorado rules, which prohibit retail marijuana ads in print publications unless a publication can reasonably prove that no more than 30 percent of its readership is likely to be under 21.

The plaintiffs claimed that the regulations restrain First Amendment rights to engage in commercial speech. While Krieger didn’t address the First Amendment argument, she decided that neither the CPA nor the Pulp could show any injuries resulting from the ad restrictions.

Krieger last year rejected a similar plea from High Times and Westword magazines.

Michael Fairhurst, attorney for the Pulp and the press association, said the plaintiffs haven’t decided whether to appeal.

Follow the Colorado Freedom of Information Coalition on Twitter @CoFOIC. Like CFOIC’s Facebook page. Do you appreciate the information and resources provided by CFOIC? Please consider making a tax-deductible donation.

Subscribe to Our Blog