Cannabis dispensary settles claims following First Amendment win over state restrictions on providing information and participating at State event.

Several months ago, medical marijuana dispensary operator, Ultra Health, won its case against the State of New Mexico for New Mexico’s odd actions in attempting to restrict how and what Ultra Health could display regarding its processes and cannabis plants at the New Mexico State Fair and for New Mexico’s improper actions for suspending Ultra Health’s licenses (22 dispensaries in New Mexico) following the incident. The State continued to restrict the free speech rights of the medical marijuana dispensary at the following year’s state fair 

You can read the full opinion from the Federal District Court for the District of New Mexico had granted judgment to Ultra Health and found the State’s actions in so restricting the speech and (arguably, advertising) of the cannabis dispensary violated the First Amendment. In that decision, and consistent with civil rights laws, the Court also awarded costs and attorneys fees.

The defendant had sought to appeal that suit to the 10th Circuit, but documents now released by the state show that the suit was settled. So the District Court order remains, and will remain, an uncontrovened analysis for cannabis attorneys and advocates to refer to in defending the First Amendment rights of their cannabis dispensary clients.

Ashley Brandt

Hi there! I’m happy you’re here. My name is Ashley Brandt and I’m an attorney in Chicago representing clients in the Food and Beverage, Advertising, Media, and Real Estate industries. A while back I kept getting calls and questions from industry professionals and attorneys looking for advice and information on a fun and unique area of law that I’m lucky enough to practice in. These calls represented a serious lack of, and need for, some answers, news, and information on the legal aspects of marketing and media. I've got this deep seeded belief that information should be readily available and that the greatest benefit from the information age is open access to knowledge... so ... this blog seemed like the best way to accomplish that. I enjoy being an attorney and it’s given me some amazing opportunities, wonderful experiences, and an appreciation and love for this work. I live in Chicago and work at an exceptional law firm, Goldstein & McClintock, with some truly brilliant people. Feel free to contact me at any time with any issues, comments, concerns… frankly, after reading this far, I hope you take the time to at least let me know what you think about the blog and how I can make it a better resource.

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