Save this content for laterSave this content on your device for later, even while offline Sign in with FacebookSign in with your Facebook account Close

Pot mags scrutinized in Colorado; may treat like porn

By: kristen wyatt The Associated Press
May 2, 2013 Updated: May 2, 2013 at 2:15 pm
0
photo -

DENVER - Marijuana magazines are under scrutiny in Colorado, where lawmakers might require stores to put them behind the counter.

The unusual provision to treat pot magazines like pornography was considered Thursday in a Senate committee. If approved, the provision would make Colorado the first state to require stores that allow entry to shoppers under age 21 to place pot magazines behind the counter.

'It's analogous to the pornography example, ' said Rep. Bob Gardner, R-Colorado Springs and sponsor of the magazine amendment.

The magazine restriction faced long odds in the Legislature, though. Gardner's magazine limitation was added in a late-night amendment last week and was expected to be removed by Democratic sponsors. Gardner conceded Thursday that he wouldn't be surprised if his magazine idea fails to make the final marijuana regulation bill.

A lawyer for High Times magazine called the magazine restriction 'patently unconstitutional ' and said there's no legal precedent for treating pictures of a drug as obscene. Lawyer David Holland said the magazine would likely sue if the provision becomes law.

'It is a content-based restriction that violates freedom of speech, ' Holland said.

The magazine provision was among a long list of pot regulations awaiting a vote in a Senate committee Thursday. The bill also includes labeling and packaging requirements and a limit on marijuana purchases by out-of-state visitors. The bill limits retail sales to out-of-state customers to one-fourth of an ounce in a single transaction, though all adults would be allowed to possess a full ounce of the drug.

Colorado and Washington, the two states that voted last year to flout federal drug law and allow pot for recreational use by adults over 21, are still awaiting a federal response. In the meantime, the states are on their own regulating the drug. Colorado's Legislature is considering at least three separate bills to dictate how pot should be grown, packaged, sold and taxed.

Gardner insisted his magazine limit should be included in Colorado's final pot regulation. He said many marijuana magazines are simply advertisements for the drug.

'As we legalize marijuana, I think we can also control - in time place and manner - how it is advertised. I think that it's constitutionally defensible, ' Gardner said.

___

Online:

House Bill 1317: http://bit.ly/11RIeiY

Comment Policy
Register to the Colorado Springs Gazette
Incognito Mode Your browser is in Incognito mode

You vanished!

We welcome you to read all of our stories by signing into your account. If you don't have a subscription, please subscribe today for daily award winning journalism.

Register to the Colorado Springs Gazette
Register to the Colorado Springs Gazette
Subscribe to the Colorado Springs Gazette

It appears that you value local journalism. Thank you.

Subscribe today for unlimited digital access with 50% fewer ads for a faster browsing experience.

Already a Subscriber? LOGIN HERE

Subscribe to the Colorado Springs Gazette

It appears that you value local journalism. Thank you.

Subscribe today for unlimited digital access with 50% fewer ads for a faster browsing experience.

Subscribe to the Colorado Springs Gazette

Some news is free.
Exceptional journalism takes time, effort and your support.

Already a Subscriber? LOGIN HERE

articles remaining
×
Thank you for your interest in local journalism.
Gain unlimited access, 50% fewer ads and a faster browsing experience.