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Feds Threaten Medical Marijuana Advertisers

Submitted by Phillip Smith on (Issue #704)
Politics & Advocacy

The Justice Department's revived offensive against medical marijuana distribution is expanding to include media outlets that advertise for dispensaries, a California US Attorney told California Watch in an interview this week.

2010 New York Times article about medical marijuana advertising
Last week, the state's four US Attorneys held a joint news conference in Sacramento to announce they were targeting dispensary landlords and property owners, as well as going after dispensaries that violated the prosecutors' idea of what was permissible. Those included dispensaries located within a thousand feet or schools or parks (a federal -- not state -- sentencing enhancement) and dispensaries that did too much business -- more than 200 kilograms in a year.

Now, radio, TV, print, and electronic media are to be added to the list of those threatened by the feds. Laura Duffy, US Attorney for Southern California, said medical marijuana advertising is the next area she will be "going to be moving onto as part of the enforcement efforts in Southern California."

Federal law prohibits advertising illegal drugs. Although medical marijuana is legal under California law, the federal government stands firm in its contention that marijuana is illegal -- period.

"I'm not just seeing print advertising," Duffy said. "I'm actually hearing radio and seeing TV advertising. It's gone mainstream. Not only is it inappropriate -- one has to wonder what kind of message we're sending to our children -- it's against the law."

Duffy said she would first be "going after these folks with... notification that they are in violation of federal law." She also none too subtly mentioned that she has the power to seize properties.

Federal law targets anyone who "places" an ad for an illegal drug -- not the media owner -- but Duffy said she was taking an expansive view of the law. "If I own a newspaper... or I own a TV station, and I'm going to take in your money to place these ads, I'm the person who is placing these ads," Duffy said. "I am willing to read (the law) expansively and if a court wants to more narrowly define it, that would be up to the court."

First Amendment, meet the war on drugs.

Permission to Reprint: This content is licensed under a modified Creative Commons Attribution license. Content of a purely educational nature in Drug War Chronicle appear courtesy of DRCNet Foundation, unless otherwise noted.

Comments

Isar (not verified)

Two ads run side by side in the newspaper. One for hard liquor, one for marijuana.

A child is confused by both and asks their parent.

"These are for adults only! You will see some of your friends start using marijuana, and they may become unmotivated, bogged down, and unable to concentrate. Don't ever, ever, ever touch it!..

... You will see some of your friends start to drink alcohol, and they may become unmotivated, bogged down, unable to concentrate, become unstable, do serious damage to their body, and even die! Don't touch it until you're 21."

 

I agree! What are we teaching our kids?

Wed, 10/12/2011 - 10:32pm Permalink
hippAnonymous (not verified)

i'm sure glad they have decided to keep true to A FORM at least... not a very pleasant maneuver but if nothing else, it's a great way to spur the people into repealing prohibition. bravvo sirrz. you OBVIOUSLY have won the war on drugs. no one would ever question that again cause you got the power to show us we are wrong and you are right.... ? riiiigghhhtt... =`A gl with this load of crap suckuhz. this behavior will only take you're carriers so far. lol. but hey, have fun with it i guess. if that's what you HAVE to do then you just go with it. k? ;p or .... o_O ooorr take what ever stance you can, how ever you can, little or small. every effort helps a to some minimal degree, to effect the change we all know this country needs.
Thu, 10/13/2011 - 2:55am Permalink
Anonymous1243145 (not verified)

You sit here and try and proclaim that Marijuana has any negative effect on society. Marijuana has never harmed anyone. The prohibition of Marijuana has lead to the most demonized substance on the planet. Marijuana cures cancer; amongst one of its therapeutic benefits. Do research. Don't waste my time with nonsense. If people all started to sell Marijuana in the USA, then the world would finally be free of Christianity's tyranny.  Christians believe that since alcohol is mentioned and not condoned in the bible it should be OK to use with moderation. Well, what about Marijuana? Marijuana in Canada causes 50,000 people a year to be incarcerated. Which costs quite a bit of money. But on the other hand. 30,000 people die from alcohol toxicity and related accidents alone in Canada. If we put those 30,000 people in jail before they died would we be making any change? If alcohol were illegal again would less children use it? NOPE, more children would use it. Because who is the most susceptable to glamourazation. Children. Children don't understand the meaning of left from right before we told them. However. It's not right to put people in jail for something that they believe in. It's not right to put someone in jail for using a Holistic Therapuetic plant. The has NEVER EVER KILLED ANYONE. YOU THINK OF THE CHILDREN. What would you rather they use? Alcohol or Marijuana? Marijuana deaths : 0, Alcohol over 500 million over the time of the Marijuana prohibition. 30 Years...

Thu, 10/13/2011 - 7:21am Permalink
saynotohypocrisy (not verified)

In reply to by Anonymous1243145 (not verified)

That's not how I see it, and I think making such extreme arguments hurts our credibility. Marijuana doesn't have to be 100% safe for everybody to deserve legal status. It's so much safer than what is already available (alcohol), that should be all that's needed for it to be obvious that weed should be legal, as a matter of basic fairness, to provide a safer alternative to killer alcohol, to weaken the cartels and local dealers, and to get the government some desperately needed funds.

The Baltimore Sun had a long report a year or two ago about a criminal murder case where a teenager addicted to marijuana saw this guy had a bunch of money, and the teenager lost it and stabbed the guy so that he get weed with the guy's money. The kid was remorseful afterwards, but who cares about that, it doesn't change anything. There doesn't seem to be any doubt about what happened or why. A rare event, to be sure, and no argument for banning 10,000,000's of responsible people from using weed when the 1000's of murders and 1000's of DUI murders caused by alcohol each year haven't led to alcohol being banned.

 

Thu, 10/13/2011 - 8:38am Permalink
Windex (not verified)

In reply to by Anonymous1243145 (not verified)

Why do you lump all Christians in with each other? its obvious you dont know what you are talking about.

Fri, 10/14/2011 - 7:53pm Permalink
Anon (not verified)

What are these LA officials thinking?  Now they want to go after more than dispensaries, they are now targeting newspapers and TV stations?  California small businesses are already teetering on economic hardships, and now the LA attorney generals want to go on a "expansive" hunt for businesses that were touched by medical marijuana?  What -- are these morons going to shut down Hot Topics for selling t-shirts and stickers?  They are going to have to go after entire shopping malls with their expansive mission.  These crazy attorney generals are going to effect countless LA businesses, whether they suffer lower sales or the government seizes them.  Otherwise this is going to turn into a WITCH HUNT that will make these officials look like enemies of the state to the people. This out-of-nowhere crackdown has the potential to turn LA into a prison city, like that John Carpenter film, "Escape From LA."

Thu, 10/13/2011 - 9:45pm Permalink
THEHILOBOB (not verified)

 "God forbid we should ever be twenty years without such a rebellion. The people cannot be all, and always, well informed. The part which is wrong will be discontented, in proportion to the importance of the facts they misconceive. If they remain quiet under such misconceptions, it is lethargy, the forerunner of death to the public liberty.... And what country can preserve its liberties, if its rulers are not warned from time to time, that this people preserve the spirit of resistance? Let them take arms. The remedy is to set them right as to the facts, pardon and pacify them. What signify a few lives lost in a century or two? The tree of liberty must be refreshed from time to time, with the blood of patriots and tyrants. It is its natural manure."

THOMAS  JEFFERSON said that, and that having been said...

 

THE GOVERNMENT HAS SO CORRUPTED THE CONSTITUTION THAT IT SHOULD BE CONSIDERED NULL AND VOID IF THE COMPARISON OF ITS INTENT TO ITS CURRENT PRACTICE IS CONSIDERED... THANKS TO PACKED AND STACKED OVERLY CONSERVATIVE APPOINTMENTS TO THE SUPREME COURT.  IT IS AN ENEMY OF THE PEOPLE WHEN IT SUPPRESSES FREE SPEECH BY DISALLOWING DEFENDANTS TO MITIGATE PROSECUTION WITH A MEDICAL DEFENSE IN FRONT OF A JURY. IT SEIZES PROPERTY UNDER THE GUISE OF PROTECTING THE PUBLIC GOOD BY UNFOUNDED ATTACKS ON THOSE PROVIDING MEDICINE TO THE SICK.  THIS GOVERNMENT VIOLATES EQUAL PROTECTIONS UNDER THE LAW WHEN IT PROVIDES MARIJUANA TO SELECTED PATIENTS AND PROSECUTES OTHERS FOR ITS POSSESSION WHILE DECLARING THAT MARIJUANA HAS NO MEDICAL VALUE.  TOO BAD SANCTIONS AGAINST HYPOCRITICAL LEGISLATORS AREN'T IN THE CONSTITUTION...  ON SECOND THOUGHT IT WOULDN'T DO ANY GOOD EITHER... EVEN BUSH THE LESSER CONSIDERED THE CONSTITUTION  "JUST A PIECE OF PAPER".

ACT UP FOLKS!!!!

Fri, 10/14/2011 - 5:58pm Permalink
Giordano (not verified)

Only something like prohibition could create a paradox in which an herbal remedy is both legal (in California, et al.) and illegal (USA) at the same time.  Reviled in one culture, celebrated in another.  If the legal aspect of marijuana is discounted, it follows the illegal aspect of it must be discounted as well.  This is a no win situation.

A truly wise choice would be for a prosecutor to abandon all hope of any success in a situation like this and simply walk away from the battle before it starts.  But there will be no wisdom issuing forth from the offices of Laura Duffy.   

Ms. Duffy has probably had a pretty easy life up to now.   No tough career challenges to really speak of.  She looks like someone who’s been given most of what she’s wanted or needed her whole pretty little life.  Times change.  By choosing to do battle with the marijuana movement, she will lose badly and hilariously.  She has chosen to throw away her professional career.

Giordano

Sat, 10/15/2011 - 12:07am Permalink
sicntired (not verified)

While California is happy for the revenue the feds are still fighting a drug war that has been lost on every front every year since it's inception.Drugs are more available,all drugs,and the only thing making cannabis illegal has gotten them is the Mexican mafia. If they are trying to make a point here,it is way over my head.

Sun, 10/16/2011 - 1:17am Permalink
Somedood (not verified)

Every time I watch a show or movie that declares America is a thinking country that adheres to science. Well it makes me sick because it is a lie. You be sure and make sure your children know that. This country is run by disgusting greedy trolls with nose jobs...
Sun, 10/16/2011 - 1:25am Permalink
Shell (not verified)

Step father die of several horrible diseases'  Dementia being one of them , the thing that stick's out is a visit to the Doctor's office  where he ask for a pain killer and was told he didn't need it ! Not ask why just told , maybe he didn't but he wanted it .

It should have be his right .

End the Lies ,end the War on the people . End the Drug War 

Sun, 10/16/2011 - 1:34am Permalink
Tony Aroma (not verified)

 

 

Obama may have gone too far with his latest escalation of the war on drugs.  First threatening gun owners and now the media.  Seems like they are the last groups that he would want to alienate and/or piss off.  Both are fully capable of fighting back, unlike dispensary owners and terminal patients.  The media has always loved and supported the drug war, but I think as soon as they become casualties rather than just observers they just might change their tune.  Then who's the government going to use to spread their propaganda?

On the bright side, there aren't too many more people left that the president hasn't pissed off or alienated, so it should be all down hill from here.

Sun, 10/16/2011 - 4:39pm Permalink
darkcycle (not verified)

2012? What, me worry?

     Well, it is clear the shrewd reader of public discontent and consummate campaigner Barak Obama has been secretly abducted and replaced by a Hollywood stunt double who has taken one to many falls on his head.

Sun, 10/16/2011 - 10:44pm Permalink

Making marijuana legal shouldn't be an issue in the first place. You all have to realize the important things in life - yeah these "drug warriors" are taking a stand - but they're standing for the wrong thing. I don't care if the marijuana is so-called "medical", I say just drop the entire issue and go on living your life! Do the right thing and just stop trying to start another "war" for something that doesn't even matter. Take a stand and stop this DRUG WAR once and for all! 

Tue, 04/10/2012 - 4:16pm Permalink

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