ILLEGALITY OF MARIJUANA GROWING
(Endnotes)
8. In re Irving Tanning Co., at 660
1. In re Irving v Tanning Co. 496 B.R.
644 (BAP 1st Cir. 2013), In re Arenas,
514 B.R. 887 (Bankr. Colo. 2014), In re
McGinnis, 453 B.R. 770, (Bankr. Ore.
2011), and In re Johnson, 532 B.R. 53
(Bankr. W.d. Mich. 2015)
9. In re Irving Tanning Co., at 644
2. 11 U.S.C. §§ 1129(a)(3) and 1325(a)
(3)
3. In re Johnson
4. 11 U.S.C. § 1129(a)(3). The plan
has been proposed in good faith and
not by any means forbidden by law.
5. 11 U.S.C. § 1325 (a)(3). The plan
has been proposed in good faith and
not by any means forbidden by law.
6. 21 U.S.C. § 841. Prohibited acts A
(a) Unlawful acts
Except as authorized by this
subchapter, it shall be unlawful
for any person knowingly or
intentionally—
(1) to manufacture, distribute, or
dispense, or possess with intent to
manufacture, distribute, or dispense,
a controlled substance; or
(2) to create, distribute, or
dispense, or possess with intent to
distribute or dispense, a counterfeit
substance.
843.
Also see 22 U.S.C. §§ 842 and
10. In re Arenas, at 890
11. In re Arenas, at 890
12. In re Arenas at 890
13. Author of law review article
addressing this issue. On the limits of
Supremacy: Medical Marijuana and the
States’ Overlooked Power to Legalize
Federal Crime, 62 Vand. L. Rev. 1421
(2009)
14. In re Arenas at 891
15. In re Arenas at 891
16. In re Johnson at 56
28. “It may be extremely unlikely
that they will ever be arrested and
prosecuted for their violations of the
CSA. Nonetheless, those violations
of federal law create significant
impediments to the Debtors’ ability to
seek relief from their debts under the
federal bankruptcy laws in a federal
bankruptcy court.” Arenas at 890-891
“Debtor argues that the current Federal
administration has stated that it will
generally not interfere with medical
marijuana operations that are in
compliance with state law; however,
this does not change the fact that those
operations are still illegal under federal
law.” In re McGinnis, 453 B.R. 770, 772
(Bankr. Ore. 2011)
17. 28 U.S.C. § 959(b).
In re
Commonwealth Oil Refining Co., 58
B.R. 608 (Bankr. W.D. Tex. 1985)
18. 11 U.S.C. § 1304
19. 11 U.S.C. § 1304(b)
20. In re Johnson at 57
21. In re Johnson at 58
22. In re Johnson at 58
23. In re Johnson at 59
24. U.S. Constitution, Amendment X
25. Gonzalez v Raich, 545 U.S. 1, 125
S. Ct. 2195, 162 L. Ed. 2d 1 (2005)
26. In re Raich at 545 U.S. at 522
27. In re Arenas at 894
7. 21 U.S.C. § 801 et seq.
National Association of Consumer Bankruptcy Attorneys
Spring 2016
CONSUMER BANKRUPTCY JOURNAL
21