Business Law- Caroline CBD Dispensary
Assume that Caroline owns and markets a CBD dispensary. According to Harvard Medical School, “CBD stands for cannabidiol. It is the second most prevalent of the active ingredients of cannabis (marijuana). While CBD is an essential component of medical marijuana, it is derived directly from the hemp plant, which is a cousin of the marijuana plant. While CBD is a component of marijuana (one of hundreds), by itself it does not cause a “high.””
Caroline was sick in February 2020, and she strongly believes that she had a undiagnosed case of C19. She believes that because of her consumption of CBD her symptoms were lessened and she recovered faster from the virus. She can point to hundreds of anecdotal testimonies about the benefits of CBD from her customers and from sources around the web.
Caroline begins to market her CBD products as a treatment for C19 related illnesses. The state and federal government has ordered her to stop. However, Caroline claims that the First Amendment protects her speech.
Discuss, using external sources to back up your assertions, types of commercial speech that are prohibited by federal, state, and local laws.
What is the relationship between the First Amendment and commercial speech, and how would it apply in Caroline’s case? Is this appropriate? Why or why not? Be respectful in our discussion, as it does focus on current events.
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