Colorado “Pot as Porn” Magazine Restriction Declared Unconstitutional

DENVER, CO — The Colorado legislature’s plan to require marijuana related magazines to be treated as pornography and displayed behind the counter went up in smoke Thursday when Attorney General John Suthers said the provision was unconstitutional and would be ignored.

“No magazine whose primary focus is marijuana or marijuana businesses is required to be sold only in retail marijuana stores or behind the counter in establishments where persons under twenty-one years of age are present, because such a requirement would violate the United States Constitution, the Colorado Constitution, and section 24-4-103(4)(a.5)(IV), C.R.S,” the Attorney General’s office said in a statement Thursday.

The unusual provision to treat pot magazines like pornography was a late amendment introduced by Republican Rep. Bob Gardner to Colorado’s bill to establish a regulated marijuana market for adults, making Colorado the first — and only — state to require stores that allow entry to shoppers under age 21 to place pot magazines behind the counter.

“We applaud the Attorney General’s decision to declare as unconstitutional this absurd rule that marijuana-related publications be treated like pornographic material,” said Mason Tvert, spokesman for the Marijuana Policy Project.

“The idea that stores can prominently display magazines touting the joys of drinking wine and smoking cigars, yet banish those that discuss a far safer substance to behind the counter, is absolutely absurd,” said Tvert, who co-directed the successful Amendment 64 campaign that legalized pot in Colorado.

“The fact that legislators passed this rule despite being informed it is a gross violation of the U.S. Constitution demonstrates the bigotry that still exists with regard to marijuana. It is time for our elected leaders to get over their reefer madness and recognize that a majority of Coloradans – and a majority of Americans – think marijuana should be legal for adults.”

Lawyers representing High TimesThe Daily Doobie and The Hemp Connoisseur  have filed a lawsuit challenging the constitutionality of the bill in federal court.  A separate challenge was filed by the American Civil Liberties Union on behalf of three booksellers.

A judge ruled Thursday that that case can proceed, although because of the Attorney General’s decision there isn’t an urgency on the decision.

Senior U.S. District Court Judge Richard Matsch rejected the state’s contention that the emergency rule means the lawsuits should be dismissed as moot, and ordered the state to respond to the lawsuit formally by the end of the month.

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