Welcome to the State of Denial- a fictional state in the USA, somewhere in the south. The sale, use, possession and distribution of marijuana are illegal in most states. Of course, an exception to this general state of affairs is the State of Colorado in which the sale of recreational use of marijuana is now legal, within certain limits, regulated and taxed by the state government.

Imagine you work for a media organization that owns newspapers, websites, radio stations and television stations operating in the State of Denial. Potential advertisers have approached you. Some are tour packages and hotels in Colorado and others are representatives or advertising agencies for several legal, Colorado recreational marijuana outlets or stores. You may assume that these tour operators, hotels and Marijuana outlets are licensed in Colorado and operation legally in that state.

Under Colorado’s published rules, the state will not allow advertising that includes:
•    Mass media (including TV, billboards, radio and print ads) visible to audiences that might include 30% or more minors
•    Internet videos, radio shows, and podcasts that cant be segregate so minors cannot see content
•    All online pop-up ads
•    Flyers or leaflets handed out or distributed to anyone in public-including on cars and door-to-door flyers
•    Mobile ads or apps that anyone under 21 might download or see
•    Signage or sponsorships’ at events where 30% or more of the audience (or passerby’s) can see the signage might be minors
•    Any ads whatsoever in the media outside of Colorado, including tourism publications

The State of Denial has no law that deals with the advertising of marijuana in particular, but does have a state law that prohibits all advertising for any illegal product or service, making the sale of any such advertising a felony. Newspapers and television stations have in the past run ads for casinos and gambling and related tourism (which are illegal in the State of Denial) in the state in which such activities are legal (i.e. Nevada) without being prosecuted by law enforcement.

You are faced with the following requests:
1.    The Reefer Hotel Group in Telluride, Colorado, wants to run a significant ad campaign (expensive for them and lucrative for your media company) promoting “Trip’s to Colorado’s High Country” with all expensive paid Munchies Packages or meal plans
a.    These ads will not mention Marijuana in anyway; and, at last, count there are several dozen Marijuana outlets in or near the groups hotels
2.    Stoned Mountain Tours wants to similarly advertise packages complete with airfare, bus transportation within the state, hotels and good and a $200 credit to be used at their affiliated marijuana stores in Colorado or wineries in that state
3.    A consortium of Marijuana stores in Colorado want to buy a series of ads defending the legalization of marijuana and touting the tax revenue they have brought to the state of Colorado.
•    Remember these ad sales could make the difference between a profitable year for your media business or an unprofitable year and possibly even some closures or cutbacks and these sale could also result in criminal prosecution.
•    What are the issues?
•    Your legal arguments?
•    Are the Colorado advertising rules constitutional or relevant?

You should write this in the form of a memorandum. Use complete, grammatical sentences and a clear, coherent structure. YOU HAVE A MAXIMUM OF 700 WORDS! Clarity counts, though you should focus on the content and usefulness of your analysis. I recommend keeping your sentences relatively short and uncomplicated. You are not writing a novel. You are writing a memorandum for use in an office setting. Make it practical. Use your word allotment wisely.

THIS IS NOT A RESEARCH PAPER. Emphasize on your analysis. If you use a quotation (i.e. from a case, statue, book, article, or other educational material), you must include a citation and/or a footnote. YOUR PAPER MUST BE TYPED AND DOUBLE-SPACED. INCLUDE WORD COUNT, YOUR NAME (Kailey Hsu), AND EMAIL ADDRESS ([email protected]).

DUE DATE: April 21 at 11:00 AM

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