An anticipated court battle over the First Amendment rights of marijuana magazine publishers who distribute in pot-friendly Colorado fizzled out earlier this week when plaintiffs and defendants found themselves in the rare position of agreement before they even entered the court.
Colorado Attorney General John Suthers unexpectedly sided with the publishers of High Times, Doobie Daily and Hemp Connoisseur, which sued the state over a new rule that marijuana magazines only be sold in pot retail shops or be displayed behind the counter at more conventional newsstands.
The publications — which didn’t have such restrictions when pot was still illegal — argued that the new rule, adopted as part of a broad package of regulations on Colorado’s budding legal marijuana industry, violated their First Amendment rights to free speech.
On Wednesday, Suthers agreed with them shortly before the case was to be first heard in federal court.
Suthers’ concession was spurred by an emergency rule issued by the Department of Revenue, which has regulatory oversight of the marijuana industry. The rule stated that adopting the magazine requirement “would violate the United States Constitution.”
Suthers agreed, basically signaling that he wouldn’t defend it in court.
Attorney David Lane, representing the magazine publishers, applauded the decision.
“I commend him on his recognition that this was unconstitutional, and for his quick action,” he told the Denver newspaper Westword.
But the lawsuit isn’t entirely rendered moot. The Denver Post reported that Judge Richard Matsch still wants the state to formally respond to the suit by the end of the month, telling the attorney general’s office he wouldn’t accept a motion to dismiss.
That’s because the emergency rule declaring the provision unconstitutional is temporary and could be changed during the formal rulemaking process.
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