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A recent U. Judge Neil W. After a decade-long boom for the nascent legalized cannabis industry, many companies in the space are facing financial difficulties related to price deflation, market saturation and illegal operations outside of regulatory enforcement that are able to undercut prices because they are not paying taxes, license fees or the like. Unlike other industries, cannabis companies have largely been shut out of traditional banking services and legal restructuring options like bankruptcy—meaning they have fewer options when it comes to liquidating their assets and restructuring debts. The Office of the U. Trustee is charged with enforcing federal law, in this instance blocking debtors from using bankruptcy to further the ongoing commission of federal crimes. The U. Trustee will generally move to dismiss any bankruptcy case where a debtor is a cannabis-related business. Furthermore, bankruptcy courts cannot confirm reorganization or liquidation plans that rely on violations of federal criminal law. Notably, this approach contrasts with the more hands-off approach taken by the DOJ with respect to prosecuting violations of the CSA that otherwise comply with state law. Given that context, courts have consistently held that cannabis growers, processors, distributors, retailers and any other cannabis-related business would not be able to seek bankruptcy relief due to ongoing violations of the CSA. Even cannabis-related equipment dealers and landlords have been found to violate the CSA, resulting in them being barred from bankruptcy relief. See, e. The question remains whether bankruptcy courts will allow businesses no longer operating or receiving any income derived from growing, marketing, processing, manufacturing, selling, distributing or delivering cannabis to proceed in chapter 11 despite their past connections to the cannabis industry and violations of the CSA. Hacienda ceased operations in February and transferred its value to a public company called Lowell Farms, Inc. Hacienda then filed its chapter 11 petition in September In its initial status report, Hacienda proposed that it intended to file a plan that provided for the sale of the shares in Lowell Farms, Inc. Before delving into his reasons for denying dismissal, Judge Bason cited a Ninth Circuit Bankruptcy Appellate Panel decision that held that there is no per se rule requiring dismissal where the presence of cannabis is near a case. In Colorado, Judge Joseph G. Rosania Jr. See In re Roberts , B. Maney In re Burton , B. Trustee had not established any ongoing violation of the CSA by Hacienda or that any future trustee would have to violate the CSA to administer the case. Judge Bason reasoned that Hacienda did not intend to profit from an ongoing scheme to distribute cannabis as long as it did not retain its stock for too long of a time, which he noted could be an issue dealt with in the plan confirmation context. In the alternative, Judge Bason held that even if the U. Trustee could establish a violation of the CSA, such a violation would not be enough to constitute cause for dismissal. The judge reasoned that Congress did not intend 11 U. Section b to mandate dismissal for any violation of criminal law. Based on this decision, which remains subject to challenge on appeal, a business that has ceased any ongoing cannabis-related operations and divested itself of any direct involvement with cannabis-related businesses for a period of at least a year may have the opportunity to seek bankruptcy relief where there is a realistic possibility of substantial payment to creditors. Once in bankruptcy, however, a post-petition violation of the CSA could be grounds for dismissal. Cannabis businesses have thus far conducted liquidations under state law processes such as receiverships in state court or assignments for the benefit of creditors. Hacienda may open the door for federal bankruptcy supervision of such liquidations if deemed desirable, although operating a cannabis business that violates federal law while under the protection of chapter 11 remains forbidden. NEXT STEPS Based on this decision, which remains subject to challenge on appeal, a business that has ceased any ongoing cannabis-related operations and divested itself of any direct involvement with cannabis-related businesses for a period of at least a year may have the opportunity to seek bankruptcy relief where there is a realistic possibility of substantial payment to creditors. This document is intended to provide you with general information regarding cannabis-related businesses and bankruptcy and restructuring strategies. The contents of this document are not intended to provide specific legal advice. If you have any questions about the contents of this document or if you need legal advice as to an issue, please contact the attorneys listed or your regular Brownstein Hyatt Farber Schreck, LLP attorney. This communication may be considered advertising in some jurisdictions. The information in this article is accurate as of the publication date. 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Federal Law Requires a Choice: Marijuana or a Gun?

Guantanamo buying ganja

This President, as far as I know, has never said any such thing; he has no apparent regrets in that department. His joke allowed the tuxedoed, evening-gowned, middle-aged audience at the Washington Hilton to feel, for a precious moment, hip. The subtext was that smoking pot, whether a lot or a little, is just a normal part of growing up—maybe even, for some, part of being grown up. We are now on our third straight so to speak President who, the evidence more than suggests, have personally flouted the laws against having possession of marijuana. Everybody was welcome into the club of disaffection. Once the joint was reduced to a roach but some smoke was still trapped overhead, he and his friends would crane their necks upward to whoosh in the last wisps. The problem with the joke, as with all those knowing chuckles at the Hilton, is that a great many people are suffering on account of marijuana—just not from the weed itself. Like young Obama, people who smoke marijuana do so because they find that it alleviates suffering psychological, spiritual, physical , or simply because it helps them relax and enjoy themselves. Marijuana-associated suffering enters the picture only when prohibition does :. Even so, tens of thousands of people still languish in federal and state prisons for marijuana offenses in a typical year, and just about everybody who gets busted for pot spends time locked up. Ethan Nadelmann, executive director of the Drug Policy Alliance, estimates that from fifty to a hundred thousand Americans are behind bars for pot, and only pot, on any given night. The longer-term consequences can be a lot worse than a few hours of humiliating inconvenience. I like to think that if Obama had a Johnsonian majority on Capitol Hill, marijuana would no longer come under the federal criminal code. It would be the I. For a start, he could arrange for the Justice Department to end the absurd classification of marijuana as a supremely dangerous Schedule I drug, like heroin. Better to demote it to Schedule IV, where it would have Xanax and Ambien for company, or clear down to Schedule V, reserved for cough medicine. Second, he could make it clear—to the public, to the Justice Department, to the D. Third, but by no means last, he could change the name of the Office of National Drug Control Policy—a. It makes some feeble gestures toward reform but mainly recycles the same old obsolete blather. In his introduction, President Obama mentions pot in only one sentence, and a curiously ambiguous sentence it is:. Despite positive trends in other areas, we continue to see elevated rates of marijuana use among young people, likely driven by declines in perceptions of risk. Which it certainly is, given the comfort cannabis provides for geriatric patients. Probably not, alas. Obama is a busy man. But he really ought to feel a smidgen of shame that the government he heads treats people who do exactly what he used to do, and now casually jokes about, as criminals. The annual print edition is distributed by doctors to patients, and articles are now being posted on its Web site , along with a blog by the managing editor, Fred Gardner. Above: A medical-cannabis cultivation facility in Denver. Save this story Save this story. Hendrik Hertzberg first joined the magazine in More: Politics. The daily stream of racism and mendacity has had a numbing effect. But the question of what Trump might actually do is a prospect that voters cannot afford to ignore. By Jonathan Blitzer. By Adam Gopnik. The Financial Page. A new book by two New York Times investigative reporters comprehensively debunks the notion that Trump is a good businessman. By John Cassidy. The New Yorker Interview. Bon Iver Is Searching for the Truth. By Amanda Petrusich. Personal History. By Alexei Navalny. The Lede. Schools are testing how much they can shape the racial outcomes of admissions without being accused of practicing affirmative action. By Jeannie Suk Gersen. Extreme-weather events accentuated by climate change are leaving homeowners in high-risk areas without coverage and policymakers scrambling for a solution. Ta-Nehisi Coates and the Temptations of Narrative. By Parul Sehgal. This Week in Fiction. Joshua Cohen on Absorbing and Assimilating Events. By Cressida Leyshon. Treating political violence as a contagion could help safeguard the future of American democracy. By Michael Luo. Outrage and Paranoia After Hurricane Helene. These are significant things in North Carolina, where Trump and Harris are within a point of each other. By Jessica Pishko. What Can I Recycle? A lot of trash can be saved from the landfill—if you follow a few simple guidelines. By Mark Remy.

Guantanamo buying ganja