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Marijuana: David Lane will sue over new rule treating pot magazines like porn

Categories: Marijuana

high.times.cover.2.205x205.jpg
Last week, we noted a section of the main bill to regulate Amendment 64 that essentially treated marijuana magazines like porn. In the days that followed, High Times warned that a lawsuit would be in the offing if the language was included in the final version -- but it was.

Now, attorney David Lane confirms that he'll sue the State of Colorado over the edict shortly after Governor John Hickenlooper signs it into law.

As we've reported, House Bill 13-1317, the aforementioned A64 legislation, whose passage became official yesterday, 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."

In other words, a convenience store wanting to stock publications such as High Times or THC Magazine 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.

dan skye.JPG
High Times' Dan Skye says the mag's attorney sees the law as unconstitutional.
Marijuana lawyer Warren Edson was left slack-jawed by this requirement. Amendment 64 proponents "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 his 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?'"

Enter attorney Lane, who says he's been "contacted by some marijuana-oriented publications that are very concerned they're being treated like pornography." Hence an e-mail to Colorado Attorney General John Suthers yesterday evening. It reads:

Attorney General Suthers --

Apparently HB 13-1317, specifically 12-43.4-202. Powers and duties of state licensing authority on regulating marijuana, (3)(c) (I)(H) has a provision that says the following:

(H) 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.

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.

Thank you.
Lane believes such a suit would be "sort of a slam dunk as far as I'm concerned." Why is he so confident?

Continue for more about a promised lawsuit against the marijuana-magazines-treated-like-porn law.



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71 comments
BuddJones
BuddJones

 Somewhere unpretentiously in the haze and smoke of all this confusion is the brilliant career of a man who opened up many of the doors that made life in Colorado what it is today. David Lane.

Thank you for your service Mr. Lane.

betweenthelines
betweenthelines

The people of Colorado can thank our very own governor, John Hickenlooper, for allowing SMART Colorado to 'lead' the decision making process here....You know...The SAME folks who view marijuana smokers as drug addicts and High Times as 'filth'.....Hick is a joke and so are the clowns over at SMART Colorado...They got their way....Now the tax-payers will foot the bill.....Anyone who gives these morons their 30% extortion tax is a SUCKER!!!

BuddJones
BuddJones

"It is amazing that people are often far more attached to their ideas than they are even to other people. This is because they are more identified with their ideas than with anything else. Some people can walk away from a relationship, but they are so bound to their ideas, their beliefs or their assumptions that they are not free to leave them. This is what it means to wear a crown of thorns. This is when the mind is a crown of thorns. You wear it, but it torments you. It seems to give you a kingly title, but in fact it is a harness of misery. It seems to elevate you and give you stature in the world, but in fact it cuts you and hurts you, binds you and mocks you."

Cognitive_Dissident
Cognitive_Dissident topcommenter

In B4 "You can't yell 'fire' in a crowded theatre," which I wouldn't dignify with a response. Some people think that's an excuse for any free speech violation, and clearly don't understand the situation in which it was coined.

Cognitive_Dissident
Cognitive_Dissident topcommenter

We keep hearing "regulate like alcohol," yet the equivalent of bars is illegal, there are strict quantity purchase limits, etc. When they wanted it to be like alcohol, they whined that it was supposed to be like alcohol. When they wanted it more strict, they piled on the regulation. Glad I'm not responsible for voting for this, and I'm not voting for any 25% extra tax that can go up to 30% either.

Cognitive_Dissident
Cognitive_Dissident topcommenter

It'd be slightly funny if the bill was 13-1313 and was signed into law today.

BuddJones
BuddJones

There's never a dull moment in the Mile High City or thiry minutes West and you're up in the Rocky Mountain National Park. Bring your cannabis, fishing pole, Medical Marijuana Red Card, and a disposable glass Hash pipe. Colorado is 420 Friendly and close to legalizing marijuana but its wise to play it safe for now. Buds and Shake smoke about the same at higher elevations but don't look over the edge of the railroad trestles on Rollins Pass!

There's over a thousand different Marijuana Growers in Colorado which means there's probably a million cannabis seeds in Denver dispensaries alone. If you multiply 420 times 5280 and divide it by your age and multiply again by twenty-seven percent then you have the number years remaining to live. Now you should be ready to medicate with a nice Deca Dose Cheeba Chew bar and a glass of Tiger Milk.

BuddJones
BuddJones

"A democracy and free people cannot thrive without a fiercely independent press."

Dan Rather,

BuddJones
BuddJones

Geez DonkeyHotay....What happened in your life...your childhood...to cause such rage and hatred to spew from you. Were you locked in a closet or abused somehow? Do you have any family or anyone that you trust to give you an honest viewpoint on how sad you seem to be? Such obvious self hate and lack of self esteem begs for attention and professional help. 

Once you begin to become really honest with yourself about your life and affairs, no matter how painful this recognition might be in the moment, it marks a turning point in your life—a turning point where you begin to see things more clearly and are more willing to see things more clearly, to be more honest with yourself about your engagements with people and about your plans and goals, and even eventually about your fundamental beliefs, which are rarely questioned honestly.

This turning point is born of suffering. It is born of the recognition that you are failing in your attempt to organize your life successfully in keeping with how you really feel on the inside. Perhaps it meets the criteria of culture and the expectations of your family and others, and they hail you as a success, but inside there is emptiness. Inside, you know you have not found solid ground. You have not reached that which you are searching for.

Even if you were to acquire all things representing success and advancement in this world—beautiful relationships, lovely family, beautiful home; even if your work was meaningful in some way, which is so seldom the case, if you were not finding that which is your purpose, your soul will be starving. You will be suffering on the inside. You will congratulate yourself and allow others to congratulate you, but on the inside, you are frightened and unfulfilled.

This is the turning point, you see. You are tired of suffering, tired of false ideals, tired of striving for that which cannot satisfy you. Perhaps in a moment of despair or extreme self-doubt, you begin to ask yourself, “What is the truth?” You ask it now not to parlay with the truth, not to negotiate with the truth, but simply because you need it with your heart and soul.

BuddJones
BuddJones

Ok Guys ...you can have your forum back now...have work to do. Respect each other always.


BuddJones
BuddJones

When you have a disagreement with someone do you feel like you must be right or do you eventually realize that you would like to be happy? You do not have to be right to be happy but if you medicate with Medical Marijuana being right will be of less importance and being happy will be more of an every day natural event. Now if you have grasped that without any challenge then consider enhancing that feeling with a Deca Dose Cheeba Chew for breakfast from now on and experience the 420 Life all day long! !.

The Honor Society is exclusively for those who have led a life without sin, who have never said a mean word to anyone, those who would bear all their clothes to warm a helpless creature, and all of those who care so much for the fair treatment of those who hate them the most. So far we have no members because no one is perfect. Cannabis lovers and Medical Marijuana patients usually do not get involved in such petty matters. The 420 Life is all about living life every day and doing what you love with who you love.

betweenthelines
betweenthelines

Anyone who votes for this tax is a SUCKER!!  You've been duped....They are gonna use this money to LOCK YOU UP, Colorado! 

BuddJones
BuddJones

            Marijuana cures hangovers.

    I don’t drink much anymore. But when I did, I went hard as a mother-fucker. And indeed, in my oft inebriated stupor, I fell prey, on a number of occasions, to the unwanted sexual advances of the older ladies.

    “Why, James,” you’re likely wondering, “what does your history of traumatic bondage style sexual encounters with older women have anything to do with the reasons you smoke weed?”

    Answer: Shit like that doesn’t happen when I’m high.

    In fact, neither does any of the other embarrassing consequences which always seemed to befall me back in those days. Yet, marijuana was always there to take away the previous night’s residual pain.

    I remember when I decided to stop drinking. It was, if my memory serves correct, the morning after urinating on the front door of the neighboring sorority house in college; which, if I must elaborate, involved like five of them deciding to leave through the house’s front door – midstream mind you – nailing me in the face in the process. Let’s just say I did not then proceed to act as though I hadn’t just been urinating – as though my dick wasn’t hanging out my front zipper, staring them in the face – and subsequently threaten to sue them for hitting me with the door… and just take my word for it that I was involved in no such highly specific chain of events.

    Anyway, my point is, what did I do the next morning upon awaking in a hungover daze to the realization of what had unfolded the night before? I packed up a few gravity bong hits and made nice with the fine ladies I traumatized with my pissy behavior (so to speak) the night before. They love me now. :)

Juan_Leg
Juan_Leg

Will Lane be donning a cape w/ a pot leaf logo ?

betweenthelines
betweenthelines

SMART Colorado is simply hating on us, Colorado. They are mad because their magazines of choice are illegal in the U.S., yo.... :)

BuddJones
BuddJones

  1. Marijuana is healthier than alcohol.
  2. That weed is less detrimental to our health than alcohol is something our bodies make very apparent. The only thing helping alcohol’s case in this regard is the fact you can’t smoke it. Obviously smoking anything is unhealthy, so understand that I’m not necessarily making the claim that smoking weed is healthier than drinking alcohol, although I do believe that to be the case. But for the sake of clarity, the only statement I’m putting forth as fact right here is that the consumption of marijuana through methods other than smoking is less detrimental to human health than the consumption of alcohol.

    First of all, smoking weed rarely, if ever, results in uncontrollable projectile vomiting; drinking alcohol often does. How could our bodies make it any more clear than by literally forcing it out before having the chance to process it? The morning after consuming even a reasonable amount of alcohol involves painful symptoms in the form of a hangover. Comparably, minor lethargy is the worst symptom you’ll experience after a night of getting high on marijuana. But that’s just my own personal reasoning. A lot of factual data exists on the matter.

    For instance, the Department of Justice published a report in 1988 which concludes that it is physically impossible to die from an overdose of marijuana. Not theoretically impossible, mind you. But in practice, it would require the consumption of roughly “1,500 pounds of marijuana within about 15 minutes to induce a lethal response,” which is obviously not possible. On the other hand, a single handle of vodka has the potential to kill. The rest of the findings are quite remarkable, yet rarely are they remarked upon. The DoJ report includes some memorable statements, many of which essentially describe marijuana as a wonder-drug:


Monkey
Monkey

That's right parents, you'd better start blocking those weed websites when blocking porn too, we all know that works good. Children don't need to see flowers and naked people, they need more celebrity tabloids and violent video games.

DonkeyHotay
DonkeyHotay topcommenter

Someone should sue Village Voice for claiming Westweed is journalism ...


Green_eyes
Green_eyes

I can see a porn magazine behind the counter..... But a MJ mag??? Kinda silly...

Testecleese
Testecleese

I'd like to place a $100 bet on Lane winning this one.

DonkeyHotay
DonkeyHotay topcommenter

@Cognitive_Dissident ... yammering simpletons always butcher that adage ... omitting the most important part -- You can't FALSELY yell fire in a crowded theater, thereby inciting an imminent danger and harm to others.

Of course you can -- and would be morally obligated to -- yell FIRE in a theater, crowded or otherwise, if there was in fact a FIRE.


DonkeyHotay
DonkeyHotay topcommenter

@BuddJones 

"A Democracy gets the Government it Deserves!" -- Donkey Hotay

.

DonkeyHotay
DonkeyHotay topcommenter

@BuddJones ... project much?

ExistentialTip: He who fights with monsters should look to it
that he himself does not become a monster. 
And when you gaze 
long into an abyss, the abyss also gazes into you.

Hope that helps.

DonkeyHotay
DonkeyHotay topcommenter

@BuddJones

You fool! You fell victim to one of the classic blunders - The most famous of which is "never get involved in a land war in Asia" - but only slightly less well-known is this: "Never go against the Donkey when truth is on the line"! 

Ha ha ha ha ha ha ha! Ha ha ha ha ha ha ha! Ha ha ha...

DonkeyHotay
DonkeyHotay topcommenter

@BuddJones "When you have a disagreement with someone do you feel like you must be right or do you eventually realize that you would like to be happy? You do not have to be right to be happy"

Sounds like the mantra for a Lifetime of Slacker-Stoner FAILURE.


DonkeyHotay
DonkeyHotay topcommenter

@betweenthelines 

Anyone who voted for A64 is a SUCKER! You've been duped ... A64 allows for EVERYONE under 21 years old to be LOCKED UP!

A64 allows for EVERYONE who possesses and displays more than 1 (one) pathetic ounce to be LOCKED UP!

A64 allows for EVERYONE who grows more than 3 (three) flowering plants to be LOCKED UP!

A64 allows for EVERYONE who sells ANY AMOUNT privately to another consenting adult to be LOCKED UP for FELONY SALES!


betweenthelines
betweenthelines

@BuddJones Dude, what's up with the multiple personalities. This guy is boring as f*ck. At least go back to being clueless and annoying.....

BuddJones
BuddJones

@betweenthelines

  1. Smoking weed [accidentally] cured my recurring migraines.
  2. This is a funny little story, actually. I started suffering from migraines on an irregular but frequent basis beginning at 11-years-old. I would get at least one a month, but at most three to five in a week. They fucking sucked. The side effects of the only drug I was ever prescribed were only slightly favorable to the migraine itself.

    Not long thereafter, while still in high school, they stopped. I don’t even know how much time went by before I noticed. When I did, I chalked it up to a particularly nasty side-effect of puberty and didn’t put much further thought into it.

    Fast forward to the summer after graduation. The lifeguarding job for which I was hired required a drug test. Accordingly, I decided to stop smoking weed for a month prior to taking the drug test. You see where I’m going with this. Couldn’t have been more than two weeks that passed before another migraine reared its ugly head. I still didn’t make the connection until a year or so later when I quit smoking for a month by my own volition (a.k.a. what us potheads call ‘tolerance breaks‘). This resulted in another migraine, and was accompanied by the realization that smoking marijuana has to be the reason I don’t get them anymore. Score one for weed!

Juan_Leg
Juan_Leg

@Monkey    And watch ONLY, 9 News locally & Fox nationally !

BuddJones
BuddJones

@betweenthelines

  1. Weed smokers are mostly good people.
  2. Obviously this is a matter of personal taste.

    For the most part, however, I genuinely like the vast majority of marijuana smokers I’ve met. While I learned the hard way in college that smoking weed doesn’t automatically make a person cool, I would say it’s nevertheless a reliable indicator. At the least, the ratio of people I meet vs. people I like is at misanthropic status compared to the alternative ratio for weed smokers. We tend to be more laid back and understanding. High-fives all around.

BuddJones
BuddJones

@DonkeyHotay

  1. Marijuana has a positive effect on my temperament.
  2. This is another positive aspect which is subjective in nature, but nevertheless seems rather universal. What I mean is, weed tends to have a calming effect on the smoker. Though, I must once again stress, for the sake of my younger readers, an individual’s affinity toward smoking marijuana is in no way, shape, or form inherently indicative of any qualities they possess – positive or negative.

    Having said that, it’s my theory that a person must be some special kind of douche-bag to be capable of harboring negative thoughts and/or feelings while high on marijuana. Furthermore, at least in my experience, smoking weed has the effect of cultivating goodness in good people. Conversely, getting high probably acts similarly upon negative attributes of personality, such as selfishness, jealously, resentment, etc…

    Bottom line, getting high on marijuana prevents me from taking things too seriously. Albeit, this doesn’t mean I would laugh in the face of a disastrous fire in the process of destroying my home; on the contrary, a ‘buzz kill’ is often a more sobering experience than sobriety itself.

    To put it another way, weed doesn’t just help me to have a more lighthearted disposition, but rather it aides in the accurate evaluation of ever day occurrences, such that I don’t put too much thought on inconsequential events in my life (like an awkward social encounter, or something having to do with money). To me, getting high makes very apparent not merely what’s important on the fundamental human experience level, but also what’s important to me as an individual human navigating through that experience.

DonkeyHotay
DonkeyHotay topcommenter

@Testecleese ... might as well burn your $$.

This case is a loser based on standing case law, and Lane knows it, he even stated why in the article.


Cognitive_Dissident
Cognitive_Dissident topcommenter

@DonkeyHotay @BuddJones That's always been horse shit. Those of us who do not consent do not deserve the boot of the state.

Put another way, democracy is two wolves and a sheep settling on dinner.

BuddJones
BuddJones

@betweenthelines@BuddJones 

Medical Marijuana and the Mind. Let's just say that some dude has found most of his life to be a wonderful experience meeting different people with a variety of interests and each having many intricately woven multiple personalities. Cannabis has been prevalent in most places that I have visited and tolerated by the masses typically. The 420 Life consists of deeply introspective individuals who care about the environment and want the best possible for everyone.

Work, relationships, family, siblings, clients, customers, lovers, attorneys, pastors, children, and all the characters that come into our daily lives for what ever reason all deserve to be loved too! Chill out, calm down, back up, wait a minute, think about it, consider this, and remind yourself that you deserve however much time it takes to uncover what on Earth you could be doing for Heaven's sake.

BuddJones
BuddJones

@DonkeyHotay@Juan_Leg 

 There's A Place In
Your Heart
And I Know That It Is Love
And This Place Could
Be Much
Brighter Than Tomorrow
And If You Really Try
You'll Find There's No Need
To Cry
In This Place You'll Feel
There's No Hurt Or Sorrow

 There Are Ways
To Get There
If You Care Enough
For The Living
Make A Little Space
Make A Better Place...

Heal The World
Make It A Better Place
For You And For Me
And The Entire Human Race
There Are People Dying
If You Care Enough
For The Living
Make A Better Place
For You And For Me

Testecleese
Testecleese

@DonkeyHotay @Testecleese I read the article. But my money is still with Lane on this one. I could see how he could make a political speech issue from this, similar to the Larry Flynt case. I'd still throw $100 at a Lane win. I guess only time will tell. Wouldn't be the first $100 I've ever won or lost.

DonkeyHotay
DonkeyHotay topcommenter

@Testecleese ... Hustler magazine is -- and can be -- legally restricted in regards to manner, time and place by the government, without infringing on their "free speech" content ... just as HighTimes can be regulated by manner, time and place -- behind the counter, age restricted sales, etc.

No one is prohibiting HighTimes from publishing, or restricting their content.

That legal argument FAILS ... but David Lane will gladly take the corporate sucker's $$$ to file a specious brief, and obtain some free publicity hyping the lame issue.



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