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chrisinsocalif t1_irk5kr2 wrote

Reply to comment by Caledric in Pot twist: Cannabis firm refuses federal judge's ruling because its business isn't legal under federal law by Doc_Dante

Pot isn't illegal in Illinois. The only caveat is federal banks cannot cash rent checks from pot dispensaries because it's not federally legal. The tenant is still obligated to rent and not a valid defense.

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Caledric t1_irk7fag wrote

The landlord filed in federal court where pot IS illegal however. Therefore by law in the jurisdiction that the case has been filed in... it is an illegal act. Btw, Just because a state legalizes weed doesn't make it legal. It is still illegal under Federal law, and Federal law DOES trump state law. The DEA if they wanted to could raid every single dispensary and put everyone in jail for it. They CHOOSE to turn a blind eye to it.

I suppose I should edit my above scenario for you so you can understand: In this scenario Meth is legal in the city where you live but illegal in the rest of your state.

If you rent to the tenant KNOWING he was going to be using the property as a meth lab, under STATE law you are an accomplice to the crime. Even though it's legal in your city.

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chrisinsocalif t1_irk86bo wrote

The federal gov could enforce it but likely wont and it will be referred it to a local court. California and Illinois have laws stating they cannot use that as a defense to get out of rent.
The federal government has not cracked down every single time a state and federal law contradict. If state law contradicts federal law but it's not something that affects national security or international relations, the fed might not intervene. For example; In Nevada, certain counties have legalized prostitution, which also violates federal law, but the federal government has so far not enforced the federal law in Nevada.

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Caledric t1_irk8o3r wrote

Once again as you've ignored multiple times... The landlord picked where to file. The tenant didn't ask to go to federal court. They just took advantage of a loop hole because the land lord is stupid. If the landlord would have filed in state court this wouldn't be a thing.

You are way too focused on the wrong parts of this.

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