Weedmaps Responds To Notices Issued By California Bureau of Cannabis Control

Weedmaps Responds To Cease and Desists Issued By California Bureau of Cannabis Control

“Weedmaps is a technology company and an interactive computer service which is subject to certain federally preemptive protections under Section 230 of the Communications Decency Act and is also not a Licensee subject to the Bureau’s purview.”

After receiving a cease and desist notice from California Bureau of Cannabis Control Chief Lori Ajax, Marijuana.com reports that Weedmaps responded with a letter via their company’s CEO Doug Francis and President Chris Beals. The letter discusses key changes that were made in response to the unlicensed marijuana dispensary violations and Weedmaps once again offered to work alongside the state to find solutions on all fronts.

With so many local bans in place across the Golden State, Weedmaps has been a huge resource for medical cannabis collectives who haven’t been able to get licensed for the legal market. Local governments all over California are stifling legalized cannabis, some more than others.

According to the letter, the official Weedmaps terms of use and listing agreements mandates that all companies who list comply with local law. Weedmaps believes that many of their California listings are collectives operating legally under Health and Safety Code 11361.775(d) which allows them to continue through January 9th, 2019.

Jeffrey Kosseff, a law professor at the United States Naval Academy and an expert on Section 230, spoke with Ars Technica and shared that he believes Weedmaps is in the right.

“My initial impression is that, under even a very limited reading of Section 230, it is difficult to see how Weedmaps could be held liable for these ads,” he emailed. “There is not an exception to 230 for state marijuana licensing, as there is for federal criminal law and intellectual property. Assuming that the ads are created entirely by the unlicensed retailers, then that is classic third-party content that is covered by Section 230.”

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