Now that pot is all legal and respectable-like in Colorado, marijuana-themed magazines are jonesing to take up their rightful place out from behind the counter at stores, newsstands and without being covered up at bookstores. That status is reserved for porn magazines, argues the magazines that are suing the state, and not pot publications, seeing as the stuff is legal and all.

State officials have already said that the restriction treating Mary Jane mags like pornography is unconstitutional and won’t be enforced, but the case moves onward, reports the Associated Press.

A federal judge ruled yesterday that the lawsuit from three such magazines and a group of booksellers and newsstands can go forward. Those groups want a judge to strike down a law that would force the magazines behind the counter at stores frequented by minors.

Colorado wanted the suit to be dismissed because of an emergency rule the executive branch issued earlier this week, striking down the enforcement of magazine restriction. Both sides had said the magazine restriction would be the first of its kind, if it were enforced. But since it’s not going to be anyway, why is the lawsuit seeking a permanent injunction going forward?

A lawyer for the magazines wants to the judge to move forward on the permanent injunction just in case Colorado gets any ideas in the future.

“How close to the front door does the wolf need to come before you should fear an injury?” he asked.

The judge agreed, noting that even if a state official issues an executive order, that doesn’t change the fact that a marijuana regulation bill signed into law last month clearly says that the magazines must be kept behind the counter.

Pot Magazine Lawsuit Continues In Colorado [Associated Press]

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