Weedmaps to California cannabis bureau: You can’t police us
Weedmaps, a longtime cannabis advertiser that posts map listings of dispensaries on their website, has told California’s cannabis czar she does not have the authority to punish them for listing unlicensed cannabis businesses.
Doug Francis and Chris Beals of Weedmaps sent a letter to Lori Ajax of the Bureau of Cannabis Control stating the company is not licensed by the bureau and therefore is not subject to its enforcement. They went on to say Weedmaps is protected from any such action because they are an “interactive computer service” covered under the federal Communications Decency Act. The law says such a service should not be treated as the publisher of information provided by a third party.
The same act provides legal protection for Facebook, Twitter and other giants who rely on consumer-generated content. The protection clause has been successfully used in court to shield companies from facing criminal prosecution. One such example is Backpage.com, a classified advertising site that has published sex ads.
The Weedmaps letter follows Ajax’s request last month that Weedmaps stop allowing unlicensed dispensaries to advertise on its website. Ajax told the company to stop “engaging in activity that violates state cannabis laws” by advertising unlicensed dispensaries and failing to publish license numbers for all retailers.
There are hundreds of dispensaries and delivery services that advertise on Weedmaps in California, which greatly exceeds the number of companies licensed by the state to legally operate. In further defense, Weedmaps upholds that the responsibility of having been licensed falls on the companies that use the website, stating “any groups that place information on our site represent and warrant that they are in compliance with local law.”