Hilary Bricken
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If you follow us on Facebook, you probably know about our ongoing saga with the social media giant over its having banned our promoting our page or our posts. Why is Facebook blocking us from promoting content from the Canna Law Blog on its pages? According to the Facebook Advertising Guidelines, and from what we have been told by Facebook representatives via email, “ads may not promote or facilitate the sale or consumption of illegal or recreational drugs, tobacco products, or drug or tobacco paraphernalia.” But neither Canna Law Blog nor our Facebook page has ever promoted or facilitated the sale or consumption of marijuana. In fact, we studiously delete and ban anyone who tries to use our Facebook page as a forum for selling anything, including marijuana. Our only goal is to educate our readers and stimulate discussion about marijuana, marijuana laws, marijuana business, and marijuana legalization.  We do not and will not ever tell anyone to consume as that would be as presumptuous as telling someone that they cannot consume.

In other words, we advocate for the freedom of adults to choose for themselves. That’s all.

Facebook’s blanket anti-drug policy impacts our ability to exercise our political speech rights and that frustrates us (and our readers) on a daily basis.

What about other forms of social media? Is the rest of the Internet equally puritanical when it comes to talking about marijuana? Unfortunately, the answer appears to be yes. For example, in 2013, Instagram banned #weed from its site and it continues to shut down accounts that show cannabis images, whether for medicinal or recreational use, even in those states with legal marijuana. Every day, marijuana political speech is curtailed by social media’s aggressive anti-cannabis speech restrictions.

The difference between political and commercial speech is typically pretty stark. Our Constitution’s First Amendment provides the most protection to political speech. Advocacy for marijuana legalization or commentary on marijuana social issues, for example, clearly fall into the realm of political speech. Commercial speech, on the other hand, advertises a product or service for sale and it can be restricted by the government depending on content. In Central Hudson Gas & Electric Corp. v. Public Service Commission of New York, the U.S. Supreme Court set out a four-part test to determine whether government regulation of advertising speech is valid: (1) Does the advertisement involve lawful activity? (2) Does the government have a substantial interest? (3) Does the regulation of the advertisement advance the substantial government interest? (4) Is the regulation the least restrictive means of advancing the substantial government interest?

Since marijuana is still a federally illegal controlled substance, advertising for its commercial cultivation, manufacture, distribution, and even possession can probably be prohibited by the government. In fact, at one point in 2011, the Feds threatened to crack down on medical marijuana advertisers in states where it is legal. Even Colorado (post-legalization) has sought to restrict certain marijuana ads and publications, including High Times Magazine.

Because of current federal laws on marijuana, we do understand prohibiting advertisements for selling marijuana. Facebook does not want to face charges from the Department of Justice that it aided and abetted in the sale of a federally illegal drug. However, where individuals are merely advocating for marijuana legalization or for ending the war on drugs or simply explaining why they enjoy marijuana or what it takes to operate a marijuana business legally in various states, they should not be subject to bans and restrictions from social media sites that are either unable or unwilling to discern the difference.

Free speech and all of us (even those who vehemently oppose marijuana legalization) all lose when social media sites quash legitimate speech by unfairly and undeservedly pulling the plug on legitimate content.

 

5 responses to “Marijuana And Social Media: #YouCantPostThat”

  1. They claim puritanical motivations, but they are pretty hypocritical capitalists. 420 Pins and Hippyraver, sites run by my friend push the envelope of what is permissible. They simultaneously banned his account and called him to provide free business consulting because of his quick growth. Needless to say, they enabled his accounts. You’ve got to spend $ to promote posts and grow organically to obviate the Puritan police. This is an essential problem when more of our commons is controlled by commercial interests. Call them to account regularly, publicize it across competing social media and get all your advocates and compatriots to share your posts widely. WeedTraQR is a huge supporter of your very well curated posts about the legal state of cannabis in this somewhat United States. Peace.

  2. Get over yourself, you knew it was this way coming in. The PayPal mafia will confiscate and hold your donation to NORML for up to 6 months, but look who’s the first to invest a million in weed.

  3. Follow the money! You can be certain that FB and Google are salivating over the potential monumental increases in their top line revenue that will result from “blessing” cannabis ads. Conversations with regulators at the FED and State levels are occurring behind closed doors now. The future is ours.

  4. We have the same issue with it.. despite going back and forth with FB dozens of times, nothing changes. We were merely pointing out links to news about cannabis at the time, or promoting educational events around the industry, but both apparently violate FB terms. It makes Facebook the least appealing social channel for us, due to edgerank. (Despite having a page with 31,000+, most posts struggle to reach more than 500.. this behavior is replicated on another page with ~9000..)

    Sucks for sure… On Twitter, same thing… as soon as we try to visit the advertising section, we see a message saying we’re ineligible to use Twitter Ads for ‘Drugs and drug paraphernalia.’

    Frustrating, but it also breeds innovation for new market players exclusive to the cannabis industry.

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The Canna Law Blog™ is a forum for discussion about the practical aspects of cannabis law and how it impacts those involved in this growing industry. We will provide insight into how canna businesspeople can use the law to their advantage…

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Please be mindful that possessing, using, distributing and selling marijuana are all federal crimes and that this blog is not intended to give you any legal advice, much less lead you to believe that marijuana is legal under federal law.