by Clayton Moore
Background: June 2011 – City of Aspen, Pitkin County, Colorado
Reported last week – after advise from Pitkin County Attorney John Ely – the Pitkin County Commissioners immediately backed away from any and all Pitkin County Legislation/Zoning Regulations/Resolutions they were considering as it pertains to the issue of Medical Marijuana. (Click Here)
Meanwhile…at the same time last week your Eagle County Commissioners moved ahead with their plan to ignore Federal Drug Laws and did approve on 1st Reading EC Resolution 2010-062 having to do with Medical Marijuana. (Click Here)
Enter the U.S. Attorney’s Office.
The U.S. Attorney for the State of Colorado is John Walsh (Click Here). John Walsh’s April 26th 2011 letter to Colorado’s Attorney General John Suthers (Click Here) – makes it clear that Possession of Marijuana is illegal under Federal Law and that his Office can and will enforce Federal Drug Law here in Colorado.
It was with John Walsh’s letter (and additional U.S. Attorney letters) in hand – that County Attorney John Ely advised his Pitkin County Commissioners publicly that they could be charged Criminally under Federal Law (as well as the County Staff members who drafted the language of their Ordinance) could be charge as well. Further, John advised that the protection of County Insurance the Commissioners normally have would not be available – if the Commissioners knowingly chose to violate Federal Drug Law.
The U.S Attorney’s office for Colorado was contacted last week by the ECT (Click Here) along with concerned Citizens in Eagle County about the recent and well documented actions of our Eagle County Commissioners as it pertains to so called Medical Marijuana.
The ECT also contacted last week Eagle County Attorney – Bryan Treu – in an effort to learn why his legal advise to Eagle County Commissioners was so radically different compared to the advise given by his legal peer – Pitkin County Attorney – John Ely.
Obviously, Attorney’s John and Bryan can both can’t be correct. The ECT understands Second Reading of EC Resolution 2010-062 is scheduled for the County Commissioners next scheduled June meeting. Stay Tuned.
FACTOID: Local Banks (in fact all Banks) that are doing business with the (FDIC – Federal Deposit Insurance Corporation) are required by their legal/business agreement to abide by all Federal and State laws. This unequivocally means that any Bank that accepts a business/merchant account from a so call ‘Medical Marijuana Store’ is in violation of their banks legal agreement with the FDIC.
IF ECT readers know of any local Medical Marijuana stores that have a standard bank issued ‘credit card processing machine’ please let us know.