First Amendment lawsuit over marijuana advertising rules suffers setback

From The Denver Post: A federal judge has initially rejected a plea from High Times and Westword magazines to block state rules that prevent recreational marijuana businesses from advertising in most publications.

But Chief U.S. District Judge Marcia Krieger said she would let the magazines amend their lawsuit to keep the case alive.

Colorado rules for recreational marijuana businesses prohibit the shops from advertising in publications unless the publication “has reliable evidence that no more than 30 percent of the publication’s readership is reasonably expected to be under the age of 21.”

Medical-marijuana businesses do not face such restrictions.

High Times and Westword argued the recreational marijuana rules violate their free speech rights. But, in an order issued Friday, Krieger wrote that the magazines don’t have standing to challenge the laws because they are not the ones actually bound by them.

“Generally,” Krieger wrote in the order, “a party cannot challenge laws or regulations that burden someone else’s rights.”

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