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MARIJUANA MOMENT

COLORADO AMENDMENT ADDRESSES CONCERNS ON BANNING SOCIAL MEDIA MARIJUANA POSTS,
BUT QUESTIONS ON PSYCHEDELICS AND OTHER DRUGS REMAIN


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CULTURE


COLORADO AMENDMENT ADDRESSES CONCERNS ON BANNING SOCIAL MEDIA MARIJUANA POSTS,
BUT QUESTIONS ON PSYCHEDELICS AND OTHER DRUGS REMAIN

Published

2 days ago

on

March 31, 2024

By

Ben Adlin

Colorado lawmakers advanced an amended social media bill on Thursday that, as
introduced, would have forced platforms to ban users for talking positively
about marijuana online. But while the sponsor says the issue has now been
“worked out” with recent changes, critics contend the revised legislation still
fails to address concerns around statements regarding other substances,
including state-legal psychedelics, certain hemp products and even some
over-the-counter cough syrups.

The bill, SB24-158—a broad proposal concerning internet age verification and
content policies—would require social media platforms to immediately remove any
user “who promotes, sells, or advertises an illicit substance.”

Initially that provision would have applied to all controlled substances under
state law, but an amendment from the bill’s sponsor, Sen. Chris Hansen (D),
includes language saying that “a social media platform may allow a user to
promote, sell, or advertise medical marijuana or retail marijuana to users who
are at least twenty-one years of age” so long as the content complies with state
cannabis laws.

Teen Marijuana Use Has Declined In Washington Since Legalization

Teen Marijuana Use Has Declined In Washington Since Legalization
Recent data from a survey conducted among teenage students in Washington State
indicates a decline in both lifetime and recent marijuana use over the past few
years.  The findings also suggest that underage students' perceived access to
cannabis has generally decreased since the state legalized it for adults in
2012.  This contradicts concerns expressed by opponents of the policy change. 
In 2023, approximately 8.4% of 10th graders in Washington reported using
marijuana in the past 30 days, a slight increase from 7.2 percent in 2021. But
both of those numbers were sharply lower than pre-legalization numbers.  For
instance, in 2010, 20% of 10th graders admitted to using cannabis in the past
month.  In King County, the most populous in the state, only 5.5% of 10th
graders reported recent cannabis use in 2023, down from 7.3% in 2021 and 18.1%
in 2010.  Similar declines were observed in lifetime marijuana use across
different grade levels surveyed, including 6th, 8th, and 12th grades.  "In 2021,
survey data showed a 50% decline in youth cannabis and alcohol use in the past
30-days among 10th graders. The 2023 results show these numbers have remained
relatively stable", said Kristen Haley, the state Liquor and Cannabis Board's
(LCB) public health education liaison.  Health officials attribute the
significant drops in substance use between 2018 and 2021 partly to the COVID-19
pandemic.  "The COVID-19 pandemic brought with it a large decrease, roughly 50%,
in most youth substance use. While the long-term impacts are unknown, in 2023 we
see that substance use has remained relatively stable, both in Washington and
nationally", said Washington State's Department of Health.
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Members of the Senate Committee on Business, Labor and Technology at Thursday’s
hearing unanimously approved the amended bill, advancing it to the
Appropriations Committee with a favorable report.

“We have worked out adjustment language with the MJ industry,” Hansen told
Marijuana Moment in an email about the amendment last week, in response to
questions about the potential consequences of the bill. “Those amendments will
be distributed later today in preparation for the bill being voted on in
committee on Thursday.”



But even before the amendment landed in committee this week, a fellow at the
center-right think tank R Street Institute, said the changes leave major issues
unaddressed.

“The updated version would still prevent users from from promoting NyQuil or
anti-anxiety medications among many others, even though it exempts marijuana,”
Shoshana Weismann, who first called out the potential problems in the bill’s
drug-related language, told Marijuana Moment in an email. “And if you promote
those medications, you will be reported to law enforcement. That is asinine.”



The amended bill also still specifies that its restrictions apply to certain
hemp products with more than 1.25 milligrams THC or a CBD-to-THC ratio of less
than 20 to 1, as well as most other hemp-containing products intended for human
consumption that are not “a dietary supplement, a food, a food additive, or an
herb.”

Hansen, the bill’s sponsor, has not responded to separate questions sent by
Marijuana Moment last week about whether his legislation intends to ban, for
example, a 19-year old medical marijuana patient who posts about medical
marijuana to their Instagram story, a user posting to Facebook that the use of a
Schedule V over-the-counter cough syrup helped them feel better or even
potentially promotion by Gov. Jared Polis (D) of the state’s legal psychedelics
industry—as a plain reading of the bill might suggest.

He said more than a week ago that he was “working on answers” to those
questions.






Social media companies would be required to update policies and post them
publicly on or before July 1, 2025 under the proposal. Updates to social media
policies would also need to be posted online within 14 days of implementation.



Companies would also be mandated to submit reports annually to the state
attorney general a statement “of whether the current version of the published
policies contain definitions and provisions relating to illicit substances,”
according to a legislative summary of the bill.

Meanwhile in Colorado, organizers at a Second Amendment advocacy group are
poised to begin gathering signatures on a ballot measure that would allow
cannabis consumers to obtain concealed carry firearm licenses under state law.



Colorado legalized adult-use cannabis through a ballot initiative in 2012,
though cannabis remains prohibited at the federal level. And under federal law,
being an “unlawful user” of a controlled substance, including marijuana, means a
person cannot legally buy or possess a gun.

Earlier this year, Colorado marijuana regulators also touted industry successes
from the past year and promoted their new hospitality rules for the industry,
including increased sales limits for cannabis hospitality businesses that allow
on-site use.



One of the things they touted is a rule about online sales that took effect last
August. Customers must still physically pick up the marijuana products from
retailers, but now they can browse and electronically purchase cannabis
online ahead of visiting the store.

Polis has praised the state’s reputation on marijuana and even said in January
that Colorado is “leading the nation” on psychedelics, just as it did with
cannabis.

“Colorado was the first state to legalize recreational use of cannabis, setting
a standard for innovation and safety and economic mobility that’s been
replicated by states across the nation and countries across the world, who come
here to learn what Colorado did right,” Polis said in his latest State of the
State address. “Now, thanks to our voters, we’re once again leading the nation
on natural medicine, unfreezing 50-plus years of stifled research to learn about
the potential benefits for the people of our state and beyond.”



> Study Shows Colorado Marijuana Products Are Overstating THC Potency, With
> Researcher Citing Possible ‘Lab Fraud’



Marijuana Moment is made possible with support from readers. If you rely on our
cannabis advocacy journalism to stay informed, please consider a monthly Patreon
pledge.
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Ben Adlin


Ben Adlin, a senior editor at Marijuana Moment, has been covering cannabis and
other drug policy issues professionally since 2011. He was previously a senior
news editor at Leafly, an associate editor at the Los Angeles Daily Journal and
a Coro Fellow in Public Affairs. He lives in Washington State.



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