A judge said Wednesday that a federal law aimed at restricting the display of paid, pro-marijuana ads in buses and subway stations is unconstitutional, improperly infringing on free speech rights.

The ruling by U.S. District Judge Paul Friedman came in a lawsuit challenging the law that cuts off up to $3.1 billion in federal funds to local transit authorities if they display ads promoting the legalization or medical use of marijuana or other drugs.

Fearing a loss of at least $85 million in federal aid, the Washington Metropolitan Area Transit Authority earlier this year declined to run ads submitted by the American Civil Liberties Union and three drug advocacy groups. The groups then filed suit, calling it an unconstitutional restriction.

The Transportation Department, which was named in the lawsuit along with Washington Metro, argued in part that it had a right to enforce the statute because it served to deter illegal activity or a ``significant threat to the public welfare.''

But Friedman said the law, which took effect in February, represented an unconstitutional exercise of Congress' spending power because it unfairly punished a particular viewpoint.

``Just as Congress could not permit advertisements calling for the recall of a sitting mayor or governor while prohibiting advertisements supporting retention, it cannot prohibit advertisements supporting legalization of a controlled substance while permitting those that support tougher drug sentences,'' Friedman stated.

A spokesperson for the Transportation Department did not immediately return a message Wednesday evening.

Washington Metro is the only city transit authority named in the lawsuit, but the groups that filed it said San Francisco and New York could stand to lose at least $100 million and $75 million respectively if they accept paid ads which are seen as promoting marijuana or other drug use.

By HOPE YEN

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