Federal prosecutors are preparing to target newspapers, radio stations and other media outlets that advertise medical marijuana dispensaries in California , another escalation in the Obama administration’s newly invigorated war against the state’s pot industry.
This month, U.S. attorneys representing four districts in California announced that the government would single out landlords and property owners who rent buildings or land where dispensaries sell or cultivators grow marijuana. Now, newspapers and other media outlets could be next.
U.S. Attorney Laura E. Duffy, whose district includes Imperial and San Diego counties, said marijuana advertising is the next area she’s “going to be moving onto as part of the enforcement efforts in Southern California.” Duffy said she could not speak for the three other U.S. attorneys covering the state but noted their efforts have been coordinated so far.
“I’m not just seeing print advertising,” Duffy said in an interview with California Watch and KQED. “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.”
Federal law prohibits people from placing ads for illegal drugs, including marijuana, in “any newspaper, magazine, handbill or other publication.” The law could conceivably extend to online ads; the U.S. Department of Justice recently extracted a $500 million settlement from Google for selling illegal ads linking to online Canadian pharmacies.
Duffy said her effort against TV, radio or print outlets would first include “going after these folks with … notification that they are in violation of federal law.” She noted that she also has the power to seize property or prosecute in civil and criminal court.
William G. Panzer, an attorney who specializes in marijuana defense cases, said publishers may have a reason to worry. Federal law singles out anyone who “places” an illegal ad in a newspaper or publication. Nevertheless, Panzer said he is not aware of a single appellate case dealing with this section of the law.
Read the full article at californiawatch.org