DENVER (AP/CBS4) – Booksellers have joined marijuana magazine publishers in challenging a Colorado law requiring that pot magazines be treated like pornography and be kept behind the counter.
The Tattered Cover, along with bookstores and newsstands across that state announced a separate federal suit Tuesday to block the first-of-its-kind law passed earlier this year.
The group is suing some of the state’s top officials, including the governor, attorney general and 22 district attorneys, claiming the provision in Colorado’s retail marijuana code is unconstitutional.
“What about magazines about wine? Wine is illegal for people under 21. Cars? Cars can’t be driven under age of 16,” First Amendment attorney Chris Beall said. “If the legislature is able to restrict the distribution of magazines about marijuana, what else will it choose to restrict?”
The magazine restriction was added to a series of marijuana regulations after some parents complained about the magazines being visible to children. Publishers of three magazines are already suing to block the provision.
The American Civil Liberties Union filed on behalf of the booksellers.
The provision doesn’t ban underage sales of the magazines, just requires that they be kept behind the counter in stores that allow shoppers under 21. The law has not yet taken effect.
The state attorney office says they are reviewing the case and have no comment at this time until they decide how to proceed.
The law goes into effect July 1.
LINK: Colorado Pot Law
(TM and © Copyright 2013 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2012 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)