Jacob Bell
New Member
In an effort to weed out advertisements that may appeal to recreational users of what's supposed to be medical marijuana, Boulder officials may soon regulate the images and messages used to advertise local dispensaries.
City staffers wrote in a memo to the City Council on Thursday that they are recommending several changes to Boulder's medical marijuana regulations, which have been in place for more than a year.
The changes, which the council will consider Tuesday night, would expressly prohibit marijuana marketing that is "inconsistent with the medicinal use of medical marijuana."
"One of the challenges that the city has faced has been medical marijuana businesses that take advantage of the medical marijuana law to market marijuana for recreational purposes, including promoting use by minors," the memo reads. "Such marketing violates both the spirit and the letter of the law."
It is illegal under state law to display signs that are inconsistent with local laws, or to use advertising that is misleading, deceptive, false or designed to appeal to minors.
Sarah Huntley, a spokeswoman for the city, said the proposed changes are targeted at the city's licensed medical marijuana businesses.
"We expect people to recognize that the ordinance and the business license they have is to sell medical marijuana," she said.
City staffers have noticed advertisements, she said, that clearly appeal to recreational users of the drug instead of patients.
"Marijuana 'happy hours,' for example, puts the substance in a recreational context," Huntley said. "'Back-to-school' sales could be seen as problematic."
Huntley said simply offering sales or discounts on the drug would not, by itself, violate the new rules.
The licensing clerk would be charged with deciding whether an advertisement crosses the line, although Huntley acknowledged there's a "certain amount of subjectivity" to that process.
Businesses that feel the city is being unfair could take the matter to court, she added.
Violating the new advertising rules would not come with a fee or fine. Instead, Huntley said the city would consider a company's advertising practices as "one factor" when it comes time to renew their business license.
The city memo emphasizes that most businesses have marketed their products responsibly, but there are "several who have emphasized the recreational use of marijuana in their advertising."
Huntley declined to give the names of companies that the city believes has irresponsible ads.
'Let the customers decide'
The city's proposal generated a mix of opinions Thursday.
"This is something that a lot of us in the industry have been talking about for quite awhile," said Jason Lauve, a medical marijuana patient who was acquitted of felony drug possession in 2009 and has since become the publisher of Cannabis Health News Magazine in Louisville.
Lauve said he doesn't allow companies to place ads on the back cover of his magazine that feature pot leaves or buds.
He said he supports the intent of Boulder's proposed code changes, but he thinks legitimate patients are smart enough to steer clear of dispensaries that market to casual users.
"I wish the government would let the market forces drive themselves and let the customers decide for themselves," he said.
Mason Tvert, head of SAFER Colorado, a pro-marijuana legalization group, said it's "curious" that Boulder isn't also targeting advertisements for alcohol -- which he said is a more dangerous substance than marijuana.
He also questioned whether the city has any system at all for deciding whether an ad would be considered recreational or medicinal.
"Have they done market research of what appeals to recreational users of marijuana?" he said. "They're basing it on their personal beliefs of what seems to be recreational in their minds."
Bothered by 'Freaky Friday'
The recommendations come eight months after Boulder Councilwoman KC Becker asked city staffers to take a closer look at the rules for how medical marijuana businesses advertise their operations.
On Thursday, Becker said her focus remains on making sure medical marijuana businesses are selling the drug for medical purposes.
"I think some of what bothered me was some of the print advertising that I felt was directed way beyond its medical purposes when they advertise 'Freaky Friday' or 'two-for-one' specials."
She added that she has "no problem" with the medical marijuana industry as a whole, but she remains concerned that "some businesses obviously aren't focusing on the medicinal purposes."
"We just need to continue to treat it like medicine," she said.
Eliminating appeals
Another substantial change to the city's code would remove the ability for dispensaries and marijuana greenhouses that are denied a business license by the city to remain open pending an appeal.
Instead, the decision by the city manager would be final, and the rejected business would have to close immediately. An administrative appeal would be eliminated from the licensing process, leaving business owners only the state court for an appeal.
Another proposed change would allow owners of a medical marijuana business license to transfer that license to people who have already qualified for a license under the city's rules. Now, a business license cannot be transferred for any reason.
News Hawk- Jacob Ebel 420 MAGAZINE
Source: dailycamera.com
Author: Heath Urie
Contact: Contact Us
Copyright: Media News group
Website: Boulder seeks restrictions on medical marijuana advertising
City staffers wrote in a memo to the City Council on Thursday that they are recommending several changes to Boulder's medical marijuana regulations, which have been in place for more than a year.
The changes, which the council will consider Tuesday night, would expressly prohibit marijuana marketing that is "inconsistent with the medicinal use of medical marijuana."
"One of the challenges that the city has faced has been medical marijuana businesses that take advantage of the medical marijuana law to market marijuana for recreational purposes, including promoting use by minors," the memo reads. "Such marketing violates both the spirit and the letter of the law."
It is illegal under state law to display signs that are inconsistent with local laws, or to use advertising that is misleading, deceptive, false or designed to appeal to minors.
Sarah Huntley, a spokeswoman for the city, said the proposed changes are targeted at the city's licensed medical marijuana businesses.
"We expect people to recognize that the ordinance and the business license they have is to sell medical marijuana," she said.
City staffers have noticed advertisements, she said, that clearly appeal to recreational users of the drug instead of patients.
"Marijuana 'happy hours,' for example, puts the substance in a recreational context," Huntley said. "'Back-to-school' sales could be seen as problematic."
Huntley said simply offering sales or discounts on the drug would not, by itself, violate the new rules.
The licensing clerk would be charged with deciding whether an advertisement crosses the line, although Huntley acknowledged there's a "certain amount of subjectivity" to that process.
Businesses that feel the city is being unfair could take the matter to court, she added.
Violating the new advertising rules would not come with a fee or fine. Instead, Huntley said the city would consider a company's advertising practices as "one factor" when it comes time to renew their business license.
The city memo emphasizes that most businesses have marketed their products responsibly, but there are "several who have emphasized the recreational use of marijuana in their advertising."
Huntley declined to give the names of companies that the city believes has irresponsible ads.
'Let the customers decide'
The city's proposal generated a mix of opinions Thursday.
"This is something that a lot of us in the industry have been talking about for quite awhile," said Jason Lauve, a medical marijuana patient who was acquitted of felony drug possession in 2009 and has since become the publisher of Cannabis Health News Magazine in Louisville.
Lauve said he doesn't allow companies to place ads on the back cover of his magazine that feature pot leaves or buds.
He said he supports the intent of Boulder's proposed code changes, but he thinks legitimate patients are smart enough to steer clear of dispensaries that market to casual users.
"I wish the government would let the market forces drive themselves and let the customers decide for themselves," he said.
Mason Tvert, head of SAFER Colorado, a pro-marijuana legalization group, said it's "curious" that Boulder isn't also targeting advertisements for alcohol -- which he said is a more dangerous substance than marijuana.
He also questioned whether the city has any system at all for deciding whether an ad would be considered recreational or medicinal.
"Have they done market research of what appeals to recreational users of marijuana?" he said. "They're basing it on their personal beliefs of what seems to be recreational in their minds."
Bothered by 'Freaky Friday'
The recommendations come eight months after Boulder Councilwoman KC Becker asked city staffers to take a closer look at the rules for how medical marijuana businesses advertise their operations.
On Thursday, Becker said her focus remains on making sure medical marijuana businesses are selling the drug for medical purposes.
"I think some of what bothered me was some of the print advertising that I felt was directed way beyond its medical purposes when they advertise 'Freaky Friday' or 'two-for-one' specials."
She added that she has "no problem" with the medical marijuana industry as a whole, but she remains concerned that "some businesses obviously aren't focusing on the medicinal purposes."
"We just need to continue to treat it like medicine," she said.
Eliminating appeals
Another substantial change to the city's code would remove the ability for dispensaries and marijuana greenhouses that are denied a business license by the city to remain open pending an appeal.
Instead, the decision by the city manager would be final, and the rejected business would have to close immediately. An administrative appeal would be eliminated from the licensing process, leaving business owners only the state court for an appeal.
Another proposed change would allow owners of a medical marijuana business license to transfer that license to people who have already qualified for a license under the city's rules. Now, a business license cannot be transferred for any reason.
News Hawk- Jacob Ebel 420 MAGAZINE
Source: dailycamera.com
Author: Heath Urie
Contact: Contact Us
Copyright: Media News group
Website: Boulder seeks restrictions on medical marijuana advertising
