Q: I intend to run a social networking site with a general focus on marijuana. The site will allow open forum discussion, web logs & media uploads by its members. Because marijuana is a controlled substance in the U.S. and I will be running the site from with in the U.S., could I encounter any legal difficulties directly related to freedom of speech?
A: The First Amendment (and the California Constitution) protect individuals against government action based on the individual’s truthful speech in many situations. A social networking site focused on a drug that is illegal throughout most of the country could conceivably implicate various state or federal criminal laws, though, including what liability you might have for your users’ activity on the site. For example, discussing intended future drug use could theoretically form the basis for a criminal search warrant or constitute aiding, abetting, or conspiracy to commit crimes associated with drug use. A detailed analysis of the potential liability associated with such a site, however, is beyond the scope of what we can provide through this service.