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Marijuana: Judge rejects argument pot contracts can't be enforced -- and attorney's okay with it


Thumbnail image for rob corry.JPG
Rob Corry.
The section in question reads:
Defendants recognize this is a somewhat unsettled area of the law, and that various attorneys and courts have taken a variety of positions about the legality of medical marijuana in light of federal law. However, pursuant to the Colorado Rules of Professional Conduct, licensed practicing attorneys are ethically required to raise and advance arguments on behalf of clients that could potentially benefit the lawyer's clients, notwithstanding the lawyers' personal interest or political views.
Just as surprising is the next paragraph, in which Corry writes that he's "ethically obligated to advise the Court of contrary authority as to the above federal illegality argument" -- meaning reasons to reject the very assertions he's putting forward.

Apparently, Denver District Judge Herbert L. Stein was impressed by the latter. In his dismissal of Corry's previous motion, dated November 21, Stein writes, "The Court finds Defendants' arguments on the unenforcabeability of said contract (and related claims) due to federal preemption to be unpersuasive at this stage. Colorado law will be applied in this case."

Corry's reaction? Part of him is pleased that Stein didn't add his voice to the notion that medical marijuana contracts aren't worth the paper on which they're written. But he remains troubled by the lack of clarity concerning the issue.

In his words, "We now need to decide whether we go through the lengthy and expensive process of dealing with the case at the district court level, or whether we take it to the Court of Appeals," where a decision would indeed set precedent.

The latter course makes sense to him "in light of Amendment 64. We need to know -- and every investor I've spoken with brings this up -- if we're above the law, or if we can be called into courts to deal with contracts.

"We need to know the landscape going forward, and we can travel either landscape," he continues. "If the landscape is yes, your contracts are enforceable in state court and your litigants can't just throw them out, that's fine. And if the converse is the case -- your contracts aren't enforceable, and you can't sue or be sued and expect the state court to deal with it -- we can deal with that as well. In that case, the industry would be uniquely above the law."

Continue to see the original motion to dismiss the lawsuit and the judge's subsequent ruling.


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31 comments
dnvrgeoff
dnvrgeoff

Hey @ DonkeyHotay, If Federal law always trunps state law, how was New York state able to make alchohol legal in 1924, when it was still illegal federally genuis? You are the drooling imbecile you hateful ignorant moron.

DonkeyHotay
DonkeyHotay topcommenter

This "ruling" has about as much meaning as a judge ruling for the prosecution during a preliminary hearing.

The Judge was bound by a procedural standard to rule in a light most favorable to the plaintiff.

It really signifies nothing regarding the Void(able) Contracts at issue.

What's really telling is Rob Corry's own admission that the activities his clients have been engaging in all these years are IN FACT ILLEGAL -- continuing criminal enterprises -- and he now stipulates those crimes and conspiracies including the identities of some of the participants in his court filings.

Easy pickings for any Federal Prosecutor.

joell58
joell58

Law enforcement. lawyers. attourneys, judges that are hired (under contract) to practice and enforce the state laws should do so, or be fired for breach of contract. They should not be impersonating federal law officers and should be charged for impersonating an officer at the federal level.

tutonehcc
tutonehcc

Why would you need a contract anyway, this is drug dealing 101, cash and carry your drugs, if someone gives you problems, it's up to you to do something about it or not.  The weak don't last long, the strong survive.  There are bundles of cash to be traded for sacks of cannabis in Colorado, just take your time, hunt down the guy with the cash, and concentrate on growing.  Don't bother writing up a contract that is worthless, and will be evidence against you if the deal goes south.  Remember there are old fighters and there are bold fighters, but there are no old bold fighters.

DonkeyHotay
DonkeyHotay topcommenter

Legal Contracts 101 -- NO contract to engage in Illegal Activity can be enforced in a Court of Law.

The $100s of thousands that the Marijuana McLawyers have bled from their clients for MMJ contracts is -- ipso facto -- proof of their legal incompetence and ethical malfeasance, as not a single one of those criminal contracts -- including property leases to knowing landlords -- is valid under law.

These greedy self-serving marijuana lawyers who aided and abetted their clients in the willful violation of numerous criminal laws in the operation of their Continuing Criminal Enterprises should be forced to disgorge and refund 100% of the fees they charged for this unethical criminal advice ... and all of them brought before the Colorado Supreme Court Disciplinary Counsel to be summarily disbarred from the practice of law.

HTH.

DonkeyHotay
DonkeyHotay topcommenter

@dnvrgeoff  = epic fail!

HipTip --  The Volstead Act, i.e. The 18th Amendment, a.k.a. Prohibition did not prohibit personal consumption of Alcohol.

The Eighteenth Amendment prohibited the production, sale, and transport of "intoxicating liquors" -- but it did not define "intoxicating liquors" or provide penalties. 

It granted both the federal government and the states the power to enforce the ban by "appropriate legislation."

Does it hurt to be so ignorant of reality and fact?

PS: Federal Law is still Supreme over State Law

What part don't you comprehend?

DonkeyHotay
DonkeyHotay topcommenter

@jlivingst  "lawyers. attourneys, [sic] judges " ... are bound to follow ALL law, including Federal Law.

hth.

IcePick
IcePick

@tutonehcc You are confused.  This is about state regulated medical marijuana centers, not some thug on a street corner.  As a state regulated center the owners are required to sign several documents (contracts) including applications, renewals, background checks, financial documents, registration of a business name and a lease or purchase agreement for the property.  These are all required to be state compliant and so contracts are a necessity.

IcePick
IcePick

@DonkeyHotay Call John Suthers or AG Holder if you think somebody broke a law, aaron sawyer.

IcePick
IcePick

@DonkeyHotay Did you not read the artcile Donkey?  The judge, who has actual power, through the argument out.  Says so right there on the second page:

Apparently, Denver District Judge Herbert L. Stein was impressed by the latter. In his dismissal of Corry's previous motion, dated November 21, Stein writes, "The Court finds Defendants' arguments on the unenforcabeability of said contract (and related claims) due to federal preemption to be unpersuasive at this stage. Colorado law will be applied in this case."

You should learn to read, man.

dnvrgeoff
dnvrgeoff

@DonkeyHotay @dnvrgeoff And New York Transported and sold liqour from outside the state you ignorant douche. They operated outside Fedral law for years stupid. The New York Stae law allowedfor the sale and transport of alcohol in the state. What part of history don't you comprehend. New York State operated outside the 18th Amendment for years before it was repealed, dumbass.

dnvrgeoff
dnvrgeoff

@DonkeyHotay @dnvrgeoff  What part don't you understand? you have been posting misinformation on here for years. All of your predictions have been false. Just because you post it you ignorant douche, doesn't make it true. So keep posting idiot, keep showing people how wrong you are. You have continued to predict things that don't come true and then try to twist them into a win for you. you are a sour sore loser. Keep posting your ignorant rants.

tutonehcc
tutonehcc

@IcePick @tutonehcc Thanks for clarifying the obvious system on paper, but you can't deny that there is a huge thriving underground which completely ignores the rules.  The underground greatly dwarfs those wasting there time trying to be legal.  It's all by choice if someone wants to sign documents.  Take for example Scarface, he was sitting behind a pile of cash when he realized he was KING, he wasn't sitting behind a contract and numbers from a bank account.  Cash rules everything around us.  Get rich or die tryin!

DonkeyHotay
DonkeyHotay topcommenter

@IcePick = legal ignoramus.

Denver District Court = meaningless for case law

The Judge was bound by the civil standard of "light most favorable to the plaintiff" in denying the motion to dismiss.  Note the phrase "unpersuasive at this stage"

The case can still -- and likely will -- be dismissed or lost at Trial for being against the Public Order -- i.e. an illegal contract.

Even Rob Corry knows that. Even Rob Corry stated, in his own motion -- 

"Federal law regarding marijuana preempts state law"

What part does a drooling imbecile like you not comprehend?

DonkeyHotay
DonkeyHotay topcommenter

@dnvrgeoff 

What part of "Federal law regarding marijuana preempts State law" don't you comprehend?

dnvrgeoff
dnvrgeoff

@DonkeyHotay @dnvrgeoff your stupidity is only exceeded by your ignorance. LOL. IE: Spotted Crow. What is really funny is that you lost. You predictions haven't come true. Keep it up though idiot, you obviously are a sad sore LOSER. You lost and you can't take it, so you post anonymously instead of standing behind what you say by posting exactly who you are. And who you are is a COWARD. 

dnvrgeoff
dnvrgeoff

@DonkeyHotay You are the only one squeling douche bag. The fedral gavernment worked with NY State ton allow the sale and transport of alcohol after 1924. Why don't you actually state the truth and not just your twisted facts. Why isn't everyone being arrested like you have constantly said they would be? Because you are wrong. so keep posting misinformation and lies loser, I'll be smoking up and laughing at losers like you.

DonkeyHotay
DonkeyHotay topcommenter

@dnvrgeoff ... keep squealing like a butt-hurt little girl.

The Supremacy Clause of the United States Constitution provides that the Constitution and laws of the United States “shall be the supreme Law of the Land.” U.S. Const. art. VI, cl. 2;

Maryland v. Louisiana, 451 U.S. 725, 746

dnvrgeoff
dnvrgeoff

@DonkeyHotay @dnvrgeoff What part of your word isn't God's don't you understand dipshit? DonkeyHotay=showed his stupidity again with another rant with no facts to back it up.

DonkeyHotay
DonkeyHotay topcommenter

@dnvrgeoff  -- What part of Federal Law has supremacy over State Law don't you comprehend, eh moron?

Monkey
Monkey

@tutonehcc Yep. And the regulated themselves will be some of those who sell small batches of quality cannabis, they just wont admit where the got it. IcePick seems to think people actually follow rules, even when the rules are designed to be corrupted. The best grown warehouse weed will not be nearly as good as the best grown private weed, everyone knows this, including the regulated that want connoisseur herb on their top shelf, and secretly pay the un-regulated to provide it for them. That way they can sell their shit weed out the back door and actually make some money. Anyone who dreams of $10 1/8s, is really dreaming of mexican style farms, with mexican brick weed quality, warehouses are too expensive to run. Anyone selling $10 1/8s in their store will be making their real money under the table, while driving their regulated competition out of business, only to monopolize the market and raise the price later. The un-regulated will always have the upper hand, and will be used by both the regulated and un-regulated. It's the American way, always has been, always will. You seem to understand how things works, maybe IcePick should learn more American history, and how the black market is good for the economy.

tutonehcc
tutonehcc

@IcePick @tutonehcc I believe there will always be a demand for small batch high quality cannabis and the price that this kind of work deems.  I'm sorry but dispensary quality warehouse grown bud really is a step down in quality, and naturally the price doesn't hold as you described.

Look for example at all of William Breathes reviews, weed after week, month after month of mediocre bud.  Nothing wrong though, if the price is right.

IcePick
IcePick

@tutonehcc @IcePick "but you can't deny that there is a huge thriving underground which completely ignores the rules"

Actually I can.  I have witnessed people who formerly acted as caregivers selling large stockpiles of equipment on the web mainly because they cannot compete with the low priced product sold by larger dispensaries.  there is no future for black market dealers once A64 starts licensing recreational centers.  In 2014 the price of one eighth will drop below $10 and continue it's march toward zero pushing the non-rule following drug dealers out of the industry completely.  

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