Consumer Bankruptcy Journal Spring 2016 | Page 21

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