Marijuana magazines as porn rule officially struck down at no cost to taxpayers

high.times.women.on.pot.205x205.jpg
Photos and more below.
As we've reported, Colorado Attorney General John Suthers determined that a new marijuana-law provision that treated pot magazines like porn was unconstitutional shortly after it was targeted by a pair of lawsuits -- the first from publications like High Times, the second courtesy of the ACLU, representing newsstands and booksellers.

Now, Judge Richard Matsch has issued a permanent injunction against the law; see it below. The cost to the taxpayers over this legal roundelay? Nothing.

As we've reported, the law originally known as House Bill 13-1317 called 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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David Lane.
Constitutional concerns quickly arose over this edict, but it remained in the final version of the bill. Immediately after it passed, Lane sent an e-mail on the subject to Suthers promising a lawsuit once Governor John Hickenlooper signed it into law, and he was as good as his word. The complaint, on view below, names as plaintiffs Trans-High Corporation, parent company of High Times, and two Colorado pubs, The Daily Doobie and The Hemp Connoisseur, also known as THC Magazine.

In the wake of the suit's filing, Lane told us the problems with the statute are "very, very simple.... The government cannot pick and choose which political messages they like and which political messages they dislike in the marketplace of ideas. The government has to stay completely on the sidelines, with very limited exceptions."

He added that "if the attorney general is smart -- and John Suthers is smart -- he will concede the point rather than fight about it and ultimately end up paying my exorbitant attorneys fees, which is what they'll do when they lose the case."

The ACLU, working on behalf of the Tattered Cover and numerous other book stores and retail outlets in Colorado, joined the chorus within days. But a prolonged legal fight was short-circuited when attorney general Suthers determined that the law as written was unconstitutional. With the state declining to fight on behalf of the statute, Matsch promptly issued the permanent injunction, thereby killing it once and for all.

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John Suthers.
Lane is pleased by the outcome.

"This is exactly what I predicted would happen," he says. "I credit John Suthers for saving free speech in this instance and saving taxpayers thousands of dollars."

He gives much of the credit for the speedy resolution to the ACLU. "Once the magazines filed the first lawsuit, the ACLU came in a few days later -- and I believe the presence of the ACLU, with their prestige and resources, was a difference-maker in this case. That got Colorado's attention very quickly, and they realized that they were going to be litigating against the A-team with the ACLU. I think that helped immeasurably."

Now, the various parties are expressing their gratitude for Suthers' approach in a tangible way.

"Normally, we would be submitting a bill to the state for attorneys fees for filing this lawsuit in order to preserve the Constitution," Lane acknowledges. "But in this case, we said, 'State of Colorado, if you cave in right now, we won't charge you any attorneys fees.' So the ACLU waived their attorneys fees and I waived all my attorneys fees for the magazines, because it was resolved so quickly and painlessly."

In Lane's view, this approach might serve as a template for future disputes. "If the legislature does something really stupid like this and the attorney general agrees it's unconstitutional and caves in quickly, the plaintiffs will frequently waive attorneys fees and everyone goes home happy -- because freedom wins."

Continue to see the permanent injunction, plus the two lawsuits filed against the marijuana-magazines-as-porn statute.


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26 comments
Juan_Leg
Juan_Leg

I hate being a 'Top Commenter' ! I come to this site to LEARN ! Not to teach or argue ! I get so much more than I contribute and feel my 'tagging' isn't fair to WW readers !

DonkeyHotay
DonkeyHotay topcommenter

*** Tobacco Advertising: Study Shows Ads Increase Youth Smoking ***

Kids today are so swamped by media, you might think they wouldn't pay any attention to a billboard or in-store display promoting cigarettes.

Research based in Germany, however, which has similar laws regarding tobacco advertising as the USA,  demonstrates that not only do teens notice tobacco ads, but tobacco ads are effective at getting them to move from abstinence to lighting up.

Tobacco Advertisements Linked to Smoking

Not surprisingly, the most powerful influence on whether or not children lit up was if their peers did so.  But exposure to cigarette advertising was the second most powerful influence behind the other measured variables.  Other variables measured were gender, socio-economic status, parent’s smoking, television screen time and school performance.

The researchers reported “each additional 10 tobacco advertising contacts increased the adjusted relative risk for established smoking by 38%.”


The FREE SPEECH Rights of BigTobacco to addict and infect teenagers shall NOT be Infringed !!

Free Tobacco Porn in Every Elementary School !!


http://www.decodedscience.com/tobacco-advertising-youth-smoking/31151



DonkeyHotay
DonkeyHotay topcommenter

Thank Jah the Free Speech Right to expose Children to PORN, whether it be Pot Porn or Aborted Fetus Porn, has been upheld ...

... huh? what? ...


reeferaddict
reeferaddict

Actually, since every one of these asshats gets paid with taxpayer dollars, the headline is completely inaccurate. The people of Colorado paid for this idiocy from start to finish.

Cognitive_Dissident
Cognitive_Dissident topcommenter

If only David Lane would do the same for "permissible inference" that someone charged with breaking a law actually broke it.

Cognitive_Dissident
Cognitive_Dissident topcommenter

Gotta love any attorney who can refer to "my exorbitant attorneys fees." :-)

At least he's on the side of rights.

DonkeyTroll
DonkeyTroll

One again DonkeyHotay is proven wrong and comes off as a total twat.

Green_eyes
Green_eyes

Finally the silliness over these mags is over!! Time to move on...

Juan_Leg
Juan_Leg

@DonkeyHotay

  I have mentioned this before but I won't even smoke a cigg in front of a child . They are WAY TOO IMPRESSIONABLE !

DonkeyHotay
DonkeyHotay topcommenter

@reeferaddict ... The People of Colorado VOTED FOR this idiocy via A64!

Reap what ye sow, suckers.

DonkeyHotay
DonkeyHotay topcommenter

@Cognitive_Dissident... too bad the Fools and Tools who VOTED FOR A64 which unequivocally declared that DUI-marijuana shall remain ILLEGAL! -- without setting any rational objective standards or limits -- surrendered TOTAL CONTROL of setting any standards, laws and punishments regarding that Constitutionally Enshrined CRIMINALIZATION to the very same Prohibitionists Politicians and Law Enforcement Goons who've been running the drug war, eh?

*** Regulation Works! *** ... with lots of legislative lubrication.

reeferaddict
reeferaddict

@DonkeyHotay You really have no fucking idea how pathetic you seem to the rest of the world, do you?

Juan_Leg
Juan_Leg

@DonkeyHotay I'm going through detox and watching people's homes BURN . It's NOT easy for one who possesses a heart .

DonkeyHotay
DonkeyHotay topcommenter

@Juan_Leg ... thanks ... but Stuka1 is still my favorite submissive bottom boy, regardless of what new username he cowers behind after that last public ass-fucking left him with a permanent gimp in his gait.



Juan_Leg
Juan_Leg

@reeferaddict @Juan_Leg @DonkeyTroll  

No . I just ignore most opinions . He BACKS %99 w/ links to sites supporting his 'opinions' . People like you are the cause of his arrogance . Hotay and others like him challenge people to think for themselves. NOT Michael Roberts clones like yourself .

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