Denver Westword Blogs: “a just-issued decision in Arapahoe County District Court may be the most sweeping to date in Colorado. The conclusion: The medical marijuana industry here and in other states is illegal. Period. . . . It involves a medical marijuana grower whose name is being withheld at his request and Blue Sky Care Connection, a dispensary in Littleton. The plaintiff maintains that he delivered approximately $40,000 worth of MMJ between June and October of 2010, but he never received compensation.”
In the case of Undisclosed Plaintiff vs. Laura Lowden & Blue Sky Connection, LLC, the Colorado Court said:
“Colorado’s marijuana laws are preempted by federal marijuana law. Similarly, in Emerald, the Oregon Supreme Court held that Oregon marijuana law is without effect because Oregon’s marijuana laws are preempted by federal law. 230 P.3d at 529. . . . Consequently, contracts for the sale of marijuana are void as they are against public policy. Accordingly, the contract here is void and unenforceable.”
For more on this case read “Medical marijuana at state level found illegal in potential blockbuster court ruling.”
This Colorado case and the Arizona case of Michele Rene Hammer v. Today’s Health Care II means that two state courts have reached the same conclusion, i.e., contracts that involve medical marijuana will not be enforced because they are against public policy. For more on the Arizona case see “What Does the Case Mean to People Considering Becoming Involved in Arizona Medical Marijuana Dispensaries?“
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