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Marijuana publications sue over treat-pot-magazines-like-porn law

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Photos and more below.
After we reported about an element of the main marijuana bill that treated pot magazines like porn, a spokesman for High Times announced an intent to sue if the section wasn't cut. Shortly thereafter, attorney David Lane said a suit would be forthcoming if the edict became law.

Lane wasn't bluffing. Mere days after Governor John Hickenlooper signed the bill containing the passage, he filed suit on behalf of High Times and two other mags. Details, the documents and more below.

As we've reported, the law originally known as House Bill 13-1317 calls for "a requirement that magazines whose primary focus is marijuana or marijuana businesses are only sold in retail marijuana stores or behind the counter in establishments where persons under twenty-one years of age are present."

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Warren Edson.
In other words, a convenience store wanting to stock weed-oriented publications won't be able to do so in standard racks easily accessible to customers. Rather, issues will be next to porn mags, with their covers presumably shielded to protect children -- and customers will have to ask clerks to grab copies for them.

Marijuana lawyer Warren Edson was left slack-jawed by this requirement. Proponents of Amendment 64, which allows adults 21 and over in Colorado to use and possess small amounts of cannabis, "said to regulate marijuana like alcohol," he told us, "but apparently, our legislature wants to regulate it like porn.

"How many beer brewing and distilling magazines are in the racks at the Tattered Cover -- yet they're going to make these magazines go behind the counter? Really?" In Edson's view, this move "could be devastating for both the industry as a whole and consumers in terms of cutting back on information and ways to see new products -- because a lot of people aren't going to want the icky feeling of having to go into a 7-Eleven and ask, 'Can I see the magazine behind the brown paper bag?'"

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High Times' Dan Skye says the mag's attorney sees the law as unconstitutional.
To get High Times' take, we reached out to Dan Skye, the magazine's editorial director. Responding via e-mail, Skye shared the reaction from publication attorney David Holland: "He called the magazine restriction 'patently unconstitutional' and said there's no legal precedent for treating pictures of a drug as obscene.

"Holland said the magazine would likely sue if the provision becomes law," Skye added.

One more Holland quote offered by Skye: "It is a content-based restriction that violates freedom of speech."

Attorney Lane wholeheartedly agrees, and on the evening of May 8, immediately after HB 13-1317's passage by the state legislature, he sent an e-mail to Colorado Attorney General John Suthers saying so. After quoting the aforementioned passage from the legislation, Lane wrote, "My own personal belief is that this is a blatant First Amendment violation. It has apparently passed muster with the House and Senate and the governor will be signing it shortly. Please inform Governor Hickenlooper that if this is signed into law, he can expect a First Amendment law suit filed promptly."

And prompt it was.

Continue for more about the lawsuit, including original documents and more.



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29 comments
Juan_Leg
Juan_Leg

I'm getting hard just thinking about the July issue !.....

I LOVE 'BUSH' !

Green_eyes
Green_eyes

Well, I can understand, the MJ plants are naked under a lamp or hot on fire in someone mouth....

Juan_Leg
Juan_Leg

If you get a boner from pot-plant photos, it's time to slow down on the Viagra .

Duh ......

Monkey
Monkey

Check this shit out, the corporate take over of weed is beginning. Better hide those magazines.

"Former Microsoft Corporate Strategy Manager Jamen Shively hadn't even smoked pot 18 months ago, but he now hopes to launch the first retail brand of marijuana"

"Shively has purchased a number of pot dispensaries in both Washington and Colorado, has plans to sell in both the medical and adult-recreational pot markets and announced plans to partner with Mexican growers to import marijuana for sale in the U.S.

Former Mexican President Vicente Fox has joined Shively's bandwagon and the two unveiled a plan to open up the "legal" pot trade between the two nations.

http://www.myfoxtwincities.com/story/22460364/microsoft-manager-becomes-marijuana-mogul

http://blog.seattlepi.com/marijuana/2013/05/30/video-former-president-of-mexico-vicente-fox-backs-marijuana-legalization-in-us/

Monkey
Monkey

Colorado legislators love to ban magazines, ones that hold over 15 rounds and ones with pictures of weed. I guess the message is, we can display magazines with information and pictures of things now "illegal" in Colorado, but we can't display magazines with information and pictures of things now "legal" in Colorado. Freedom doesn't come from the pages of a magazine, or from the capacity of a magazine, it comes from respecting what you don't agree with. Most use the words freedom and liberty, but few understand the meaning. Allow them to limit you're exposer to 15/rd mags and weed mags now, and they'll limit you're exposer to all things and all information later, whether you agree or disagree.

Rich Carollo
Rich Carollo

How are they aimed at kids Chad? Ridiculous bill playing off of stupid fears from people who've never even tried canabis.

joeyismail
joeyismail

What a waste of time and money. An idiot could see this so called "law" is blatantly unconstitutional.

Bret Egan
Bret Egan

At least pot magazines are still legal. Gun magazines aren't.

DonkeyHotay
DonkeyHotay topcommenter

Lawsuit = Epic FAIL!

No one is preventing the Pot Pornographers from Publishing, nor preventing them from selling. The REGULATION (Works!) that requires them to be hidden from children is but a minor requirement upon manner, time and place -- which is valid constitutionally ESPECIALLY upon COMMERCIAL speech -- and is the same VALID restriction placed upon magazines promoting other vices.


Chad Hill
Chad Hill

Interesting that the average age for MMJ red card holders in Colorado is early forties. Clearly those magazines aren't marketed toward my age demographic. I don't like censorship but quit acting like those magazines aren't aimed at kids.

Steve At Work
Steve At Work

Did we elect parents or representatives. Either way, they're fucking morons.

Ed Haas
Ed Haas

Patently ridiculous. If pot mags get treated like porn, the same may as well be done with beer mags, Cigar mags, etc.

Adam Fickas
Adam Fickas

So my patient story about how I treat my Epilepsy and other conditions that is going to be featured in Medical Cannabis Journal this summer is going to make me a porn star? Sigh.

Corey Donahue
Corey Donahue

Yes we all know the WASTEWORD is not actual journalism just a rag to sell pot to kids. Protect the kids, thank for the Legalization A64!!!

DonkeyHotay
DonkeyHotay topcommenter

@Monkey                         ... Windoze McMarijuana ...


DonkeyHotay
DonkeyHotay topcommenter

@Monkey = chimp reading comprehension FAIL

They haven't banned Pot Mags ... just REGULATED access by children, same as the VOTER APPROVED A64 does for pot, and any sane civilized society does with other vices and dangers, like Alcohol and Guns.

hth.

DonkeyTroll
DonkeyTroll

@DonkeyHotay  = FAIL

Donkey you really are full on retard, lol. Please grow a brain.

"From the U.S. Supreme Court's standpoints, obscenity can be regulated, and anything that creates a clear-and-present danger of imminent violence can be regulated"

Tell me Donkey (ala Retard), how does MJ fit into that?  

Kurt_Vonnegut
Kurt_Vonnegut

True terror is to wake up one morning and discover that your high school class is running the country.

DonkeyHotay
DonkeyHotay topcommenter

@Charles Gleason ... Westweed even calls their OWN CONTENT regarding marijuana "PORN" !!

Fisted by their own Petard!


Monkey
Monkey

@DonkeyHotay "Allow them to limit you're exposer to 15/rd mags and weed mags now, and they'll limit you're exposer to all things and all information later, whether you agree or disagree."

DonkeyHotay
DonkeyHotay topcommenter

@DonkeyTroll ... stupid troll ... Pornography =/= Obscenity

Does Alcohol create "a clear-and-present danger of imminent violence" ? Is it not REGULATED regarding access by children?

Does Tobacco create "a clear-and-present danger of imminent violence"? Is it not REGULATED regarding access by children?

Does PORNOGRAPHY create "a clear-and-present danger of imminent violence"? Is it not REGULATED regarding access by children?

Does Spray Paint create "a clear-and-present danger of imminent violence" ? Is it not REGULATED regarding access by children?

You = EPIC FAIL!


DonkeyHotay
DonkeyHotay topcommenter

@Kurt_Vonnegut

If you can do a half-assed job of anything, you're a one-eyed man in a kingdom of the blind.


DonkeyKicker
DonkeyKicker

@DonkeyHotay (say Don Quixote) You do know of course that Westword knows who posts what on their boards, and they do tell people that these boards are populated by one guy posting and answering himself.

BTW: How is your life on the run, Corey Donahue?

DonkeyHotay
DonkeyHotay topcommenter

@Monkey "Allow them to limit you're [sic] exposer [sic] ... they'll limit you're [sic] exposer [sic] ..."

Are you drunk or stoned?

DonkeyHotay
DonkeyHotay topcommenter

@DonkeyKicker = a clueless newbie

1) You do know of course that Westword knows who posts what on their boards

False.


2) and they do tell people that these boards are populated by one guy posting and answering himself.

Either you're LYING, or WW is as fucking clueless as you are.


3) How is your life on the run, Corey Donahue?

You've got to be a galactic-class RETARD to think -- even for a moment -- that I'm Corey ... or Kathleen ... or Laura ... or Matt ... or whatever other pathetic and absurd wild-ass guesses have been spewed by know-nothing simpering shitbags like you.


El_Derpo
El_Derpo

DK <<== Delirious derp derp

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