website stat The Persecution of Lance Gloor A Tax Paying Dispensary Owner
The Persecution of Lance Gloor A Tax Paying Dispensary Owner
Admin Add Dispensaries (TOTAL POSTS:141) 6/13/2016 12:45:49 AM

Lance Gloor was a  medical marijuana dispensary owner in Washington State who was just sentenced 10 years in federal prison even though he lives in a state that legalized both recreational and medical marijuana. Him and his friend James Lucas were first charged in state court and when those charges were dropped the feds moved in. James Lucas the original owner plead guilty and agreed to testify against his former partners and friends to avoid a prison sentence. Lance Gloor decided to take his case to trial and became the first state licensed medical marijuana owner to allow the jury to hear about the state laws that legalized the plant. Even though they heard this evidence they still convicted Lance Gloor  of  manufacturing marijuana and conspiracy to distribute. See: http://www.thenewstribune.com/news/local/crime/article55095905.html


This Lance Gloor and his Teenage daughter who now will be without her father for the next 10 .

Lance Gloor


Another thing you need to know is that Lance Gloor and the Cross dispensaries had business licenses and where paying taxes. See.

Unger argued Gloor’s finances were not secret, and that the businesses paid taxes, had payroll checks, and at one point took credit cards and had an automatic teller machine.“This was done out in the public,” she said.
Read more here: http://www.theolympian.com/news/local/crime/article54568715.html#storylink=cpy
Even though thousands of other medical marijuana dispensaries where doing the same thing, somehow they decided to target these group of operators.That would seem to be  selective prosecution and violations of equal protection under the law. EVERY DISPENSPARIES IN THE UNITED STATES are operating in violation of Federal Law. The state AND federal employees that administer licenses and collect taxes are guilty of conspiracy to distribute marijuana and money laundering. What makes it even worse is that every time they pay a tax bill they are admitting to a federal crime and leaving a documented trail. If you are anyway involved in the business of selling, producing or collecting taxes on marijuana you could end up like Lance Gloor. This is in a direct violation of the Supreme Court Case of Timothy Leary vs United States.



Timothy Leary VS the United States of America
In this case Mr. Leary who was driving back from Mexico was charged with violating the Marijuana Tax Act after marijuana was found in his car.  After being convicted Mr. Leary appealed his case all the way to the Supreme Court with the argument that paying the tax amounted to self-incrimination since marijuana was declared illegal by the Federal Government. The Supreme Court agreed and in a Unanimous decision overturned his conviction with the following logic.
a.     If read according to its terms, the Marijuana Tax Act compelled petitioner to expose himself to a "real and appreciable" risk of self-incrimination;
b. [The statute] required him, in the course of obtaining an order form, to identify himself not only as a transferee of marijuana but as a transferee who had not registered and paid the occupational tax;
c. Compliance with the transfer tax provisions would have required petitioner unmistakably to identify himself as a member of [a]..."selective" and "suspect" group, we can only decide that when read according to their terms these provisions created a "real and appreciable" hazard of incrimination.


Attorney Joseph Goldstein does a very nice detailed review of the self-incrimination question that can be found here.
http://www.cardozolawreview.com/content/37-2/GOLDSTEIN.37.2.pdf

Some of the highlights in this article include the following.
The U.S. Supreme Court has held that both legal and illegal income is taxable, and this proposition is not seriously in question. Thus, the authority of the federal government, and by implication, the states, to pass these drug tax statutes is valid. However, such statutes must still conform to constitutional guarantees. For purposes of this Note, that means questioning whether such drug tax statutes violate the Self-Incrimination Clause of the Fifth Amendment
Taking all the above into account, the Colorado excise tax statute presents a real and substantial risk of self-incrimination for persons who comply with it.

Washington State Attorney Steve Graham put it more bluntly.
  The truth is that the dispensaries are scared, and no dispensary is likely willing to refuse pay these bogus sales taxes to the Department of Revenue. The attorneys general that work with DOR can simply make a call to the criminal division of the Attorney General’s office to push for prosecution of dispensaries unwilling to pay these “taxes.” No dispensary wants to be the one to stand out and risk criminal charges. To put it another way, the uncertainty in the law makes these dispensaries susceptible to a form of blackmail.

http://www.grahamlawyerblog.com/2010/12/24/can-the-department-of-revenue-really-tax-medical-marijuana-dispensaries/


              The threat of crackdown on marijuana tax payers by a new administration.
  The Obama administration has allowed the states to experiment with legalized marijuana but that hasn’t stopped federal prosecutors from selectively targeting growers as in the Kettle Falls Five and other dispensary owners as they see fit. While at the same time allowing others go unmolested. The problem with paying taxes is that you are leaving a paper trail of incriminating evidence for any future prosecutor to use against you. This would be an open and shut case since Federal Courts do not allow the use of a medical marijuana defense. Republican Candidate Chris Christie has made it clear that if he was elected president he would immediately shut down all recreational and medical marijuana operations around the country and probably prosecute many operators. Many are speculating that since he just endorsed Trump after dropping out of the race that he will seek to be appointed Attorney General where he can still carry out his threat of dismantling the entire cannabis industry.

If you are not sure of Christies intentions consider this statement. Chris Christie calls marijuana users diseased and pledges to cure them with law enforcement.
http://marijuanapolitics.com/chris-christie-calls-marijuana-users-diseased-pledges-to-cure-them-with-law-enforcement/
High Times goes further in the analysis saying that Chris Christie, the man now apparently positioning himself to control the Department of Justice, has been one of legal marijuana’s most vocal opposing forces, saying earlier last year, “As President of the United States, I will enforce the marijuana laws, because I believe marijuana is a gateway drug that causes our children and adults to use other drugs.
Christ Christie on Marijuana Legalization


  One of the precursors of the self-incrimination clause is that there has to be a real and perceived threat of prosecution. Since we have already seen prosecution of tax paying cannabis owners and the uncertainty of what a new administration would do to existing laws there is no way that taxing the substance can stand up to legal scrutiny until cannabis is legalized on the federal level
 
Why should you care?
   Marijuana is still a schedule 1 narcotic and in spite of promises from the Obama administration: operators, caregivers and patients are still being prosecuted on the federal and state level. State Governments are violating the constitutional rights of business owners by collecting taxes that incriminate them for violations of federal trafficking laws. Prosecutors around the country are further violating constitutional rights by selectively prosecuting business owners while leaving others to operate free for doing the exact same thing. It would seem that our constitution was developed to prevent this exact scenario where laws are enforced on certain citizens but not on others. What needs to happen is that states need to return all taxes collected and all records destroyed containing any information on licensing and taxation. This must be done to prevent any administration from using it to prosecute business owners in the future. Any business owner who was prosecuted while paying taxes should immediately have their convictions overturned and be compensated for violations of their constitutional rights and damages to their credit and business reputations.
 
How you Can Help.
Please Donate to Lance Gloor`s Legal Fund for his Appeal. If it can happen to him it can happen to you if you are in the cannabis business. We need to force the courts to either legalize it on the federal level or stop violating our constitutional rights.


Link to Lance Gloor Legal  Defense for his Appeal. Even a dollar helps.
https://www.gofundme.com/28mduxm4

Please Share this story on Twitter, Facebook, Linkedin, Google Plus if you believe in your on constitutional rights and those of others.
Thank for reading.


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