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10th Circuit Rules Bankruptcy Code Does Not Protect Marijuana Businesses

By Steve Levine on August 25, 2015
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The 10th Circuit court ruled on August 21, 2015, that neither Chapter 7 nor 13 is available to a marijuana business owner.  The court stated that because of “the federally illegal marijuana based income stream, the debtors cannot fund a plan without breaking the law, and are therefore ineligible for relief under Chapter 13.”

While this not unexpected from my perspective, the ruling emphasizes that the dichotomy between federal and state law will continue to wreak havoc on the marijuana industry until actual laws are changed.  This is a painful reminder that while current federal policy has permitted the proliferation of the cannabis industry in Colorado and other states – it is just policy, not actual law.

Photo of Steve Levine Steve Levine

Steve is head of the firm’s Food Systems industry unit, Steve leads more than 45 professionals from numerous practice areas focused on the various food and agriculture industries. He excels in bringing creative, cost-effective solutions to the various challenges that our clients face.…

Steve is head of the firm’s Food Systems industry unit, Steve leads more than 45 professionals from numerous practice areas focused on the various food and agriculture industries. He excels in bringing creative, cost-effective solutions to the various challenges that our clients face.

Since 2009, Steve’s major focus has been on the burgeoning cannabis industry, where he guides clients through the tangle of shifting regulations governing the sale and use of cannabis in both the marijuana and industrial hemp sectors across the nation.

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  • Posted in:
    Bankruptcy
  • Blog:
    Cannabis Law Now
  • Organization:
    Husch Blackwell LLP
  • Article: View Original Source

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