Colorado’s attorney general, John Suthers, has declared that
a rule created by the legislature to treat marijuana-themed magazines like
pornography is unconstitutional and said the state will not defend it in
court. This announcement came after state marijuana regulators concluded that
it was not constitutional and should not be enforced.
[By KRISTEN WYATT, Associated Press]
DENVER (AP) — Colorado will have to answer a complaint about treating marijuana magazines like pornography, even though state officials have announced that the restriction is unconstitutional and won't be enforced.A federal judge ruled Thursday afternoon that a lawsuit from three marijuana-themed magazines and a group of booksellers and newsstands can proceed. They want a judge to strike a recently enacted law forcing pot magazines behind the counter at stores that allow minors.
A lawyer representing Colorado asked for the suit to be dismissed because of an emergency rule the executive branch issued Wednesday. The rule strikes enforcement of the magazine restriction.
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