Marijuana, Unintended Consequences – When Federal & State Laws Conflict

Opinion

Marijuana And Fireworks
Marijuana, Unintended Consequences – When Federal & State Laws Conflict

Ft Collins, CO –-(Ammoland.com)- More “Unintended Consequences!”

This from an attorney friend and colleague in WI:

“I am in the process of reviewing title-work in order to insure the purchase of commercial property for one of our clients.

I ran into this ‘exception clause.’

It is new! I’ve never seen it before:

‘Notice: Please be aware that, due to conflict between federal and state laws concerning the cultivation, distribution, manufacture, or sale of marijuana, the Company is not able to close, nor insure, any transaction involving property that is associated with these activities.’

This is a big deal, and I’m not at all sure many in the real estate industry are even aware of it yet.

But, they will be!

It means that a marijuana-growing operation, or establishment that ‘dispenses’ marijuana, cannot get title insurance for their property, making it nearly impossible to sell the property. Note that the clause above does not enumerate any kind of time limit!

When you can't get title insurance, you can't get a loan!

I'd hate to be a landlord who has a ‘dispensary tenant,’ looking to refinance, only to anguishingly discover his otherwise-valuable property is permanently ‘contaminated,’ and thus effectively worthless, maybe forever!”

Comment:

That landlord would probably be better-off if his property were contaminated with plutonium!

With this inherent and unresolvable state/federal law conflict, suddenly lawyers, realtors, landlords, underwriters, bank presidents, et al are faced with the prospect of an inadvertent mis-step that leads to them spending “quality time” in federal prison!

They predictably respond by washing their hands of the entire issue, and nervously writing “exception clauses,” as we see above.

“Public acceptance” of casual marijuana use is decades away, and it well may never happen, no matter what state legislatures do or don’t do.

In the interim, which probably includes the remainder of our lifetimes, significant risk will continue to attach,

… and not just for actual users, as we see!

/John

Defense Training International, Inc

About John Farnam & Defense Training International, Inc
As a defensive weapons and tactics instructor John Farnam will urge you, based on your own beliefs, to make up your mind in advance as to what you would do when faced with an imminent lethal threat. You should, of course, also decide what preparations you should make in advance if any. Defense Training International wants to make sure that their students fully understand the physical, legal, psychological, and societal consequences of their actions or in-actions.

It is our duty to make you aware of certain unpleasant physical realities intrinsic to the Planet Earth. Mr. Farnam is happy to be your counselor and advisor. Visit: www.defense-training.com

  • 20 thoughts on “Marijuana, Unintended Consequences – When Federal & State Laws Conflict

      1. Agree.. And he runs a business in FOCO where he MUST know better! I was thinking of checking it out since some family members have wanted more professional range time than I can provide.. Guess not.. Farnam is a phony, I doubt his commitment to liberty completely…

    1. The article written is very typical for an uninformed citizen. For one, they know absolutely nothing about the blooming marijuana industry. I think the article was written to scare people, sorry it isn’t going to work. I have used and cultivated pot for more than 40 years. Where I cultivate is my business. Where I live is in beautiful country. I would never sell the land. The pot growing business is thriving, most educated people would agree. I support President Trump and the NRA

    2. I worked many years for a major scientific instrumentation company. The general rule (for our company) is that if there is any suspicion that the government could seize or sue, then forget it. It was just not worth the trouble. Until the Feds and states get on the same page concerning the legality of pot then many companies will sit on the sideline. Pot is still classified in the same category as many hard drugs and hallucinations. This is especially scary to a small outfit like the one described. Our company had a team of lawyers

      As a result, I could not sell any instrumentation into pot labs unless it was for R/D.

    3. Whomever wrote the paragraph, that the Wisconsin lawyer discovered, to wit; ” ‘Notice: Please be aware that, due to conflict between federal and state laws concerning the cultivation, distribution, manufacture, or sale of marijuana, the Company is not able to close, nor insure, any transaction involving property that is associated with these activities.’ ”
      must have been referring to the Comprehensive Forfeiture Act of 1984.
      That act empowers the federal government to seize and keep any kind of property where controlled substances may have been. One’s consent or even knowledge is not required. For example: Your daughter’s current boyfriend in in your car driven by your daughter lights up a joint. The government can seize the car on suspicion… and keep it … forever.
      Now, lets supposed that the car you provide for your daughter is parked in your driveway. The government can seize the car and your real-estate , on suspicion, and keep it, forever. Now, lets say that these occurrences happened two years ago, and only now came to the attention of law enforcement. The gov. can still seize it, and keep it. forever.
      Sound outrageous? Congrress expanded the CFA in 1986, 1990, and 1992. That is why the title company lawyer wrote the clause, that the Wisc. lawyer discovered. I think.

    4. @ Chris maybe you should tell that to a parent of a child who’s only hope to control the seizures they suffer from is CBD oil. I have a cousin in Cali who said it saved his life. Wisconsin, my state is allowing the growing of hemp and is mostly republican controled. Also this hemp don’t get you stoned but has many uses from plastics, ropes,paper,cloth and many more. Maybe do some research before mouthing off.

    5. anyone who can’t recite the story of Harry Anslinger and William Randolph Hearsts involvement in the criminalization of weed needs to shut up and do their homework.

      lying liars sold a pack of lies. if you believe those ridiculous lies, you probably believe you get stomach cramps if you swim after eating, masturbation makes you blind, and lie detectors work.

    6. Public acceptance is already here nationally, Its why the DEA doesn’t shut down CO with laws in place and republicans in control. The libertarian vote for pot and guns is too large to ignore, we’re winning on both fronts.

    7. We’ll, this will pretty much ensure quick action by the Federal Legislature to remove pot from the controlled substance list.
      The Republicans are ever attentive to the needs of their, rich, land owner constituents. Not to meantion the fact that the feds exceeded their authority in creating such a list.

      1. @Chris,
        That’s a pretty broad brush you’re painting with. Obviously, you’ve never suffered through chemotherapy, multiple sclerosis, Parkinson’s or some other neurological problem. You probably don’t even have any idea why marijuana is a Schedule 1 drug in the first place. Ignorance is bliss.

      2. chris, someone needs to shoot intolerant assholes that think they can dictate their perceptions on FREE SOVEREIGN PEOPLE.
        Idiots like you is why we have killed millions of people worldwide to appease the banksters..
        Cannabis has over 50,000 uses..
        grow up and join the human race.

      3. Really Chris? I have a cardiovascular degree. I graduated with high honors. I have a bachelor’s degree in which I graduated magna cum laude. I have a master’s degree in which I graduated with honors also. I own my own home. I raise five kids. I’ve never been arrested. I’m active in sports. I achieved all this while partaking in cannabis. Why should I be put to death? By the way, if you ever do try to put me to death, I’m a third degree black belt and I shoot 3 gun. Good luck in your endeavors.

        1. @Doc, What you write is not consistent with my real world experience. I have directly observed that people that partake in cannabis have poor concentration and memory, and experiment with other illegal drugs. I did not know that there are degrees in cardiovascular. What are the high honors? What was your major? What institution conferred your bachelor’s and masters degree. Odd that you think that not having been arrested yet is an achievement. As to being a third degree black belt, of course you are darling.
          Everything that you have written is unsubstantiated and conclusory. I think that there is a simpler explanation.

          1. Doc ain’t the only one who is, or who knows, people who are highly educated, very capable, accompished, highly skilled, and who do use cannabis on a regular basis. Looks like you’re still living in the fantasyland portrayed by that old classic film Reefer Madness. You know, the government propaganda bit of stuff that was MUST SEE material in every high school in the US back some years. Everyone seeing it knew it was a load of bull puckey, whether they’d ever used the stuff or not. Cheech and Chong were not attemtping to protray reality, they were doing high comedy, a send up on goverment and the holy-roller teetotaller abstinence crowd. Holy Sheepshot, man… wake up. You’ve been sold a bill of goods, and that at a high price. And no, I never touch the stuff, though I KNOW I could qualify for a medical card in a heart beat, legitimately. I choose not to, but I also stand strongly in favour of those who DO wish to use the substance for whatever reason.

            The listing of cannabis as a Schedule One drug is an absolute lie, and they who arranged for that to happen should be run up on perjury charges.

        2. Oh, and “Doc” I forgot to mention that based upon your admissions here, today, the federal government could seize, and you could forfeit, all of your personalty, real-estate, firearms and bank accounts.

          1. @ Wild Bill your trained legal mind sought out the fallacies in this guy’s post. I read it and called it B.S. and went on. You dissected it and made it plain and clear that this guy could be a snowflake without any credibility. I liked the black belt comment “of course you are, darling.”
            And life goes on.

        3. TO DOC I CONCUR WITH YOU FRIEND CANNABIS IS SAFER THAN ALCOHOL AND HAS MANY POSITIVE USES FOR ALL TYPES OF AILMENTS . IT IS AN HERB THAT GOD PUT HERE FOR OUR FLESHLY BODIES WHEN THEY ARE RACKED WITH PAIN ETC.

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