Federal judge rules lawsuit over law restricting display of marijuana magazines can proceed

Lawsuit filed by attorney representing magazines

DENVER - A federal judge has ruled that a lawsuit can proceed over how Colorado restricts the display of marijuana-themed magazines, even though state officials say they won't enforce the law.

The lawsuit was filed by High Times Magazine, The Daily Doobie and the Hemp Connoisseur, represented by Denver attorney David Lane.

The three marijuana-themed magazines and a group of booksellers and newsstands want the judge to strike down a recently-enacted law forcing pot magazines behind the counter at stores that allow minors.

A lawyer representing the state asked for the suit to be dismissed. Instead, U.S. District Judge Richard Matsch gave the state a June 28 deadline to answer the lawsuit seeking a permanent injunction.

A lawyer for the magazines urged the judge to let the request for a permanent injunction proceed despite the state's admission that the provision isn't constitutional.

Lawyers on both sides say the restriction would be the first of its kind.

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