Advertising rules in Washington State against medical marijuana advertising have been harsh. Doctors and other healthcare professionals have been banned from even mentioning marijuana in advertisements. A Washington Judge recently ruled that such a ban is unconstitutional. Per The Joint Blog:
Pierce County Superior Court Judge Elizabeth Martin has ruled that it’s unconstitutional for the state to ban doctors and other healthcare professionals from mentioning or showing cannabis in advertisements.
In her ruling, Judge Martin found that the state’s law banning cannabis advertisement violates both state and federal law by curtailing free speech.
“I find the statute impermissibly overbroad as it chills even informational speech aimed solely at public education,” Judge Martin said in a written decision.
There are advertising limits and/or bans all over the nation, and I personally think that all of them are overly broad. As one of the attorneys in the above mentioned case pointed out, the only advertising that should be banned for any professional is advertising that is false or misleading. I’m willing to accept that certain products shouldn’t be marketed to kids, but banning all advertisement, especially for doctors, is overkill. This case is surely to be appealed to the Washington Supreme Court.