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Federal judge strikes down Colorado marijuana magazine law

A federal judge on Tuesday struck down a Colorado law that would have required businesses to place marijuana related magazines behind counters. Judge Richard Matsch of the US District Court for the District of Colorado [official website] ordered [Reuters report] a permanent injunction against Amendment 64 [text, PDF] which would have treated marijuana related magazines similarly to pornographic material. The ruling comes after magazine publishers and bookstores filed a lawsuit [complaint] against the state last week. In response to the suit the Colorado Department of Revenue [official website] announced it would not enforce the rule. In addition, the Colorado Attorney General's Office [official website] made an announcement that they would not to defend the rule, instead voicing agreement with the publishing companies that the provision was unconstitutional.

The sale and use of marijuana remains a controversial issue in the US and abroad. Last month Colorado Governor John Hickenlooper [official website] signed [JURIST report] a new set of laws regulating the use and sale of recreational marijuana. Earlier last month the Supreme Court of California ruled [JURIST report] unanimously that local governments may outlaw medical marijuana dispensaries, upholding a ban enacted by the city of Riverside in 2010. In February the Michigan Supreme Court ruled [JURIST report] that the private sale of medical marijuana is illegal. Additionally, the top court in Ontario upheld Canada's general ban on marijuana [JURIST report]. In December an Arizona judge ruled [JURIST report] that the state's medical marijuana law is constitutional and instructed the state to permit dispensaries to open.

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Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible format.

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