Monday, June 3, 2013

Marijuana Mags Ask Fed Court in Colo. to Bale Them Out in 1st Amendment Suit

Cameron Makes The Cover Of High Times Magazine
(Photo credit: ex_magician)

A trio of magazines promoting marijuana use last week filed suit in the United States District Court for the District of Colorado to stop enactment of a state law that would restrict access of the journals to persons under age 21.

Colorado voters last November passed Amendment 64 legalizing recreational use of marijuana by adults.  Gov. John Hickenlooper last Tuesday signed into law H.B. 13-1317, scheduled to take effect in July, that mandates non-marijuana stores to keep cannabis-related magazines "behind the counter in establishments where persons under twenty-one years of age are present," traditionally the vaunted location where Hustler and other adult magazines dwell in clear plastic wrapping.

Arguing the measure illegally restricts content and violates their First Amendment rights, High Times magazine, joined by The Hemp Connoisseur and The Daily Doobie (no, really...) rolled into federal court seeking an injunction, according to a report by the Associated  Press. Other pot regs approved by Gov. Hickenlooper would ban cartoon characters and like images from being used in advertising that might influence children to ensure marijuana isn't marketed to minors.

Counsel for the magazines correctly noted that Amendment 64 elevated marijuana to the same level of legality as alcohol and that access to magazines such as Food & Wine is not restricted. Colorado has 20 days in which to respond to the suit.

Never one to cast stoners, "TUOL" generally approves of First-Amendment boosting suits, but is better-versed in grass roots movements than in movements rooted in grass.

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