By Judith K. FitzgeraldTucker Arensberg, P.C.Pittsburgh, PA
Frank Arenas is licensed in Colorado to grow and dispense medical marijuana. He and his wife own a building, half of which is used for the cultivation and the other half of which is leased to a marijuana dispensary. These activities are legal in Colorado, but, despite then Attorney General Eric Holder’s expressed willingness to work with Congress[i]
to reschedule marijuana and remove it from the Schedule I (high potential for abuse) drug list[ii]
, 21 U.S.C. §856(a) has not been amended. Thus, knowingly opening, renting, using or maintaining any place, even temporarily, for the purpose of manufacturing, distributing or using any controlled substance is a federal crime. Similarly, 21 U.S.C. §841(a)(1) makes it unlawful for any person knowingly or intentionally to manufacture, distribute, or dispense or possess with intent to do so, a controlled substance.When Mr.