Colorado Law Limiting Sale of “Magazines Whose Primary Focus Is Marijuana” Blocked

From Trans-High Corp. v. Colorado (D. Colo. June 10, 2013), a judgment entered with the consent of the Colorado Attorney General’s office (which agreed that the law was indeed unconstitutional):

2. The Code Provision “requiring that magazines whose primary focus is marijuana or marijuana businesses are only sold in retail marijuana stores or behind the counter in establishments where persons under twenty-one years of age are present” is void and unconstitutional because it violates the First Amendment to the United States Constitution and Article II, Section 10 of the Constitution of the State of Colorado.

3. The State Defendants and all persons acting on behalf of the State of Colorado hereby are permanently enjoined and restrained from enforcing the Code Provision in any manner, including civil and criminal proceedings, and are further enjoined and restrained from conducting administrative proceedings to promulgate, and from promulgating, regulations purporting to enforce the Code Provision.

Sounds right to me, as I noted in my post a month ago, when the law had been proposed but not yet enacted.

UPDATE: For an interesting law review article by the Colorado Solicitor General (Daniel Domenico) on the executive and legislative branches’ role in evaluating the constitutionality of laws, see here.

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