Marijuana Dispensary Loan for $500,000 Doesn't Need to be Paid Back, Judge Rules, Because Pot is Illegal Under Federal Law

nazmunnaher

We have recently begun to accept new members
for 2011-2012 and walk-ins are always welcome.
We have lowered our pricing and now offer a 10% discount
for Veterans & Students
(with valid ID) and HIV & Cancer patients.
(All our TOP SHELF 1/8’s are capped at $40).
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http://www.tgtree.com/

truth

what someone say the federal government should look into just like the lawyer said "it may come back to bite them in the butt" is who really owns Todays health care what is there background and "honest" intentions.

HighInHawaii

They should pay back the money. If they don't it will make all of the others look bad & will never be able to get a loan.

Loan_essex_company_limited

loan_essex_company_limited@yahoo.com

rsteeb

So why is "Schedule I Cannabis" enforceable-- given that it is a damned lie?

Horiuchicoochie

The loan
should simply say in the terms: Money for equipment, lights, tables retail counters,
hardware... blah blah blah...and even the lease of the building. Nothing is
illegal about that.
Wells Fargo loans money for a dude's home mortgage and said dude rents
house to a Cat who decides to grow weed...Can you tell Wells Fargo to go fargo
themselves?
Next case please

Corey Miller

I am an American Veteran, who uses cannabis for pain mamagement! Fuck you... Call me a druggie to my face, punk bitch! I bet your an alchoolic, and loans should not be made to them either, they drink it all!

Marcy

Did I call you a druggie honey? Either your pain or what you are smoking to manage your pain has left you unable to think rationally.

slippery mike

GROW YOUR OWN!!!!!!!!!!

and then just try to keep friends and relatives from stealing it.
I wonder if the police would prosecute you for theft,if you stole a bag from someone?

Hohohoazhohoho

remember this guy when you buy your medical marijuana, he'll no doubt screw you too...

Walter Concrete

If you can't afford to lose it then don't use it. It doesn't seem like a wise investment to loan money any way. Anyone can default and file bankruptcy. Sounds like they had too much money laying around and felt the need to throw a bunch away.

Seedy Ward

Goes to show one shouldn't be too specific in documents relating to this business. I attended a MMJ business seminar at one of the NORML conferences in recent years. The speaker said that one should never lie on the paperwork. Still, one shouldn't be too specific either. Businesses can for example, be incorporated for the stated purposes of dealing in "floral arrangements" or "dried flowers." Don't lie, but don't be so explicit as to incriminate yourself.
Still, anyone who goes into the dispensary business here (or anywhere else) needs to be quite aware that the DEA/DOJ may show up and steal everything, any time they feel like it. That's what I call a financial risk.

charlie_oscar

You also better be a not-for-profit - or you will get raided no matter how square the paperwork is.

Phil

This will be the death nail for the near future of this needed industry. Thank the coop trying to get out of the obligation they entered into; reap any benefits? Think of the people you just hurt.

Seedy Ward

No, it won't be the death of the industry. If dispensaries can't operate here, then patient-to-patient services backed by small growers will thrive. Look in the ads in the New Times: they're already here and doing well.

Coz

The Feds end the failed policy on marijuana, not a chance, they are not that smart.
Any failed policy is a success to the Feds no matter how much it costs the tax payers.

ExpertShot

Okay, now folks - the State of Arizona and the State of Colorado have CHOSEN, through their elective process, to make marijuana legal in certain respects. Those States have the obligation now to provide for the ability of business people to get proper legal redress in the Courts. The Plaintiffs in this case should take an appeal of this decision all the way to the Supreme Court!!! Whenever the States choose to take an action the Federal Government can not interfere in that action anymore. The Fourteenth Amendment, guarantees that the states, including the Federal Government, can not, among other things, deprive people of the equal protection of the laws. If a contract involves a legal contract that would normally be enforced by the laws, the government can't say that other contracts are not valid. Also
Amendment 10 - Powers of the States and People. Ratified 12/15/1791. Note

The powers not delegated to the United States by the Constitution, nor
prohibited by it to the States, are reserved to the States respectively, or to
the people.

The States of Arizona and Colorado have reserved unto themselves the right to make marijuana legal for medicinal purposes - the Federal Government is not entitled, under our system of laws, to take this "power" back.

AttorneyatLaw

Article I, Section 8 of the U.S. Constitution:

"The Congress shall have power to...provide for the ...general welfare of the United States; ...To regulate commerce ...among the several states..."

The Constitution reserve the right to the Congress to "provide for the...general welfare of the United States" and "To regulate commerce...among the several states." These rights are sufficiently broad to enable Congress to enact legislation regulating drugs as being in opposition to the general welfare of the United States and and to enact legislation regulating the interstate sale (and financing) of drugs.

The power to enact legislation to regulate the manufacture (or growth), processing, sale and possession of drugs is clearly reserved to the United States under Article 8, Section 1 and therefore the federal government is not taking anything back in enacting and enforcing such regulations.

Whether drugs are in fact good or bad for the general welfare of the United States may is not the issue - Congress has determined in its discretion that they are and Congress has the discretion to make such determination.

The U.S. Constitution is much more sophisticated and nuanced than you would like to believe. There are many parts that must be considered in conjunction with one another and it is insufficient to cite the 10th Amendment and believe that you have crafted a winning legal argument.

Albert

Yeah... but that doesn't give them authority over everything..... The fact is.. if you read the Constitution you'll notice that the "common defense" part has the enumeration for the creation of the Army and Navy, And the regulate commerce among the several states.. only had to do with not preferring ports, and borders of states not obstructing, taxing products going to and from different destinations... It gives no explicit authority to have ALL power over commerce. In fact the only thing the congress has ALL authority is ANYTHING relating to All government property. (Article 4.)It actually says that they have the power to make all rules and regulations with govt property.... And the 10th Amendment clarifies and supersedes anything prior... The 10th Amendment is clear.. All powers not enumerated to the Federal Government(all 3 branches), and those powers which are not prohibited to the states... BELONG to the States.... respectively to the PEOPLE!! ***Whole point of an AMENDMENT**** To change or confer new power.
And then we come to Article 6.... All "public servants" are required to take the oath to uphold the Constitution... and wait... They are ALL BOUND... to the Constitution. And without a clear example of duty..And what did Alexander Hamilton... the Federalist say about the courts... Something that... "Limitations of this kind can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations of particular rights or privileges would amount to nothing."The SCOTUS has power to uphold or deny legislation.. within the scope granted by the Constitution. All other courts are to have the same power and authority, except that the SCOTUS has appellate jurisdiction. The only example of a granted exemptions or exemptions is given to diplomats, foreign counsel and that is it!!!! Everything else must be followed or be "ENUMERATED" by the United States Constitution. The thing is.. this a states rights issue. And according to the Constitution it's within it's own Sovereign Right to make these medical marijuana laws. Those 17 enumerated powers in Article 1 still don't invalidate the 10th Amendment.. it's just the opposite...

RetiredArmy

Your response is why I hate lawyers. The law and lawyers use words to tell lies based on other lies with no requirement to prove anything using a scientific method. Please tell me exactly how do you manufacture a plant. And then tell me how a plant that is grown in the privacy of someones home, and then consumed in that home can be covered under the commerce clause when no commerce took place.

I'm sure as a lawyer you will do just as the supreme court did and use weasel words to spin your lies.

rsteeb

So please explain the necessity of the 18th amendment.

Albert

Exactly......even prior to the 1920's... the government knew they didn't have the power to make any "product" illegal, and that's why it TOOK a Constitutional Amendment to prohibit alcohol. Regulate commerce among the several states...Only meant prohibit STATES from interfering with transporting through, and not being blocked, stolen, or taxed...(and it's even in Congress's prohibited actions... not to prefer one port or destination over another)... Honestly.... who else was going to handle disputes between states.. when another took, stole, or taxed, or interfered with "goods" ????

just sayin

A man should never gamble more than he can afford to lose.

mwmike

Or should invest in corrupt, exploitative, millionaires, billionaires, and corporations. Sad.

Greg

The Bible also sez do not Gamble! No Judge Judy Needed!

Guest

The Bah-bull? Now that's a reference I consult first in all legal disputes!

Guest23

watch judge judy then.

Guest23

Nobody cares what you think.

Marcy

Never loan money to a druggie

Greg

How do you know if they are druggies? do you give them an on the spot urine drug test before the loan? what about drunks? do you loan them money? what about legal prescription pain pill users who are addicts? what about them? loan? or no loan? please Marcy tell us about all your wisdom and answers for we are lost idiots without your intelligence and answers we need you! you are GOD!

Greg

The Bible sez never loan money just give it to the person who is asking for the money. that way the loaner never expects it back and everything works out. No Judge Judy needed!

sven

You hate everybody and everything. I notice things like that in your pissy writings. your starting to get alot of Marcy haters on here. some is hate mail to. keep up the good work your a real smart cookie.

Shaun Senechal

I guess what your saying is fat people, depressed people and many other situations would apply too. Where did you draw that conclusion from? and who said pot users are druggies?

Guset23

Marcy is a know nothing cunt.

Guest23

im am 100% a loser. so what now?

The real guest23

you and tom and walter should have a butt fucking 3 threesome.

Guest23

Fuck You Tom! your a male cunt to. im sure you and Walter Concock could have some good ass fucking sex together. get in touch with him sissy boy.

Tom

Sounds like you haven't had any pussy since pussy had you. You are one pathetic loser.

Tom

Why don't you put a sock in your cock hole you puny ass fucking punk.

the original Guest23

Heh, you dishonor the nick with such trite and boorish posts... Since you are pretending to be me, you basically called yourself a cunt and told your self to fuck off... If only we could rely on you to follow your own advice but i doubt it. Having been on the net since about '89 and have participated and observed flame wars and trolling by some of the best at these skills, i can authotiyatively state you are but a limp noodle troll, whose life probably doesnt amount to much, and wasnt born with a very high IQ, and probably doesnt have a girlfriend thus the time to participate in such useless endeavors. Everytime you post I will chuckle and know what a lonely and pointless life that you have led if your pitiful attempts at trolling are any sort of sign.

Just so you know you have been short circuited,any further posts under Guest23 will not be made by me but the imposter above.

Guest23

GO FUCK YOURSELF YOU CUNT!

Guest23

Your a male cunt Walter. and im sure you take it up your ass like most cunts do.

the original Guest23

Heh, if you are going to steal my nick at least learn to spell "Guest" correctly.

Since someone or ones, is attempting to confuse others by appropriating my nick, it is best if everyone else doesnt automatically think that I, the original Guest23, was the poster of such comments, or that i support what the imposter has written. I havent been around here and popped in here to see if anything interesting was being written and found the above post. I hope to find time to dig through various comments and see what else has been posted under my nick but that is probably, not going to happen, so most likely i will find a new nick and start over again. But considering how little it takes to get a troll off, it probably wont be the last time it happens. Probably the best thing i can say, is dont believe that the author of any post is actually who they are representing themselves as, something i took to heart about 20 years ago after digging around the net in the early years.

Now the question becomes... Did the real Guest 23 post this or the imposter... Common sense should make that obvious.

In most cases, i would agree that loaning money to a druggee is probably not the best action to ever take but in my experience casual marijuana smokers are hardly druggees on par with meth/crack/heroin users. But a blanket statement that states that anyone that takes drugs also would make anyone who drinks alcohol would be a druggy in your book which is stereotypical garbage.

mwmike

Thanks for your intelligent and insightful contribution to the subject at hand.

Walter Concrete

I'll bet you think that's funny to call a woman a cunt. But then again, you're a genius whose time has finally come to show us all how intelligent you really are. And this is what you came up with. This is a forum where people come to express their opinions because we still have that right in this country. At least for now. There's no place here for people like you. Now, go do your homework if you can even read it and then go to bed and wrap the sheet around your neck and throw yourself off the bed until you hang yourself. You're a nasty shit licking, drooling retard aren't you?