Padilla Law, P.C. - Colorado and New Mexico Attorneys At Law. 970-764-4547
  • Home
  • Attorneys
    • Beth A. Padilla
    • Paul E. Padilla
  • Areas of Practice
  • First Draft Blog
  • Client Testimonials
  • Resources
  • Contact Us

Romney Statements About Amnesty Inaccurate

11/16/2012

0 Comments

 
-- Beth A. Padilla

Although I have no desire to discuss politics or the recent election, I feel it is important to discuss the current state of immigration law as it relates to Mitt Romney's statements about "amnesty" and undocumented children in the United States.

President Obama established a program in June of this year called Deferred Action for Childhood Arrivals (or DACA). DACA allows young undocumented individuals to receive work authorization in the U.S. and protection from deportation for a period of two years.  The requirements to qualify for DACA include:
  • You must be between the ages of 15 and 31;
  • You came to the U.S. before the age of 16;
  • You have been in the U.S. for 5 years; and
  • You have no serious criminal activity.

If you qualify for DACA, you must turn yourself in to the Department of Homeland Security and include evidence of the above qualifications in your application for the program.

DACA is not amnesty and it has nothing to do with the DREAM Act. It does not allow anyone to become a resident, a citizen, or to vote in the U.S.

Therefore, it is unclear why Mitt Romney has stated that President Obama gave amnesty to anyone, or that amnesty is now available.  In general, his statements regarding immigration law are wholly inaccurate.

http://www.bbc.co.uk/news/world-us-canada-20344750
0 Comments

What Will Grow From Marijuana Law?

11/8/2012

0 Comments

 
-- Paul E. Padilla

There was a lot of commotion this week, with the election season coming to an exciting end and focus turning to how new officials and policies will unfold. In Colorado, Amendment 64 passed, which permits recreational use of marijuana. While legalizing marijuana has been a hot topic for a long time, Amendment 64 certainly doesn’t end the debate.

I admit that I voted for Amendment 64, based on my belief and observations that the concept of “medical marijuana” is a misnomer. Having previously lived one block away from “Marijuana Mile” (South Broadway) in Denver, I have seen firsthand that there is minimal health care taking place in the thriving cannabis industry of Colorado. And, while I have no interest in using marijuana myself or expanding the general population’s access to it, I think marijuana is already widely available, so we might as well collect tax revenue to fund our deteriorating educational system (and maybe fix some potholes – pun intended).

My personal beliefs aside, Amendment 64 will raise many more issues than it resolves. Once the Amendment goes into effect, it will allow people 21 years old and up to possess an ounce of marijuana and grow six plants in their homes. This may decrease the number of criminal prosecutions for possession of marijuana, but it will likely open the flood gates to other legal issues.

The most significant problem that exists with recreational marijuana is federal law. A looming black cloud (no pun intended) will exist over Colorado as long as the federal government prohibits its use and possession. The obvious risk this creates is that an individual will have a false sense of security buying and carrying marijuana, because it is allowed under Colorado law. But that person may still be prosecuted in federal court, which is generally much more serious.

An additional issue created by the conflict with federal law is that marijuana dispensaries cannot open bank accounts, because the banking industry is regulated at the federal level. Because any banking activity connected with illegal activity (i.e. marijuana) is considered money laundering, dispensaries cannot accept credit cards or open bank accounts. Thus, you have a multi-million dollar industry that is stuffing its mattresses with cash. And lots of cash usually means lots of crime.

In addition to the federal issues, it is important to recognize the other legal consequences of recreational marijuana. In the west, DUI rates are incredibly high due to minimal public transportation and significant cultural factors. With expanded availability of marijuana, it is essentially guaranteed that the DUI rates will also increase.

Also, just as alcohol and alcoholism has been pervasive in family and employment law, marijuana’s impact will also grow (pun intended). Even though marijuana will now be legal and available, it doesn’t mean that the courts will allow or tolerate its use in family and employment settings.

So, while you may soon be able to buy marijuana freely in Colorado, it remains to be seen just how big of an impact recreational marijuana will really have on the state.
0 Comments

    Padilla Law, P.C.

    First Draft is a collaborative effort between Beth and Paul Padilla, both equity partners in the firm, and is intended to give you a brief overview of current legal topics and let you know what effects those issues may have in your life.

    RSS Feed

    View my profile on LinkedIn

    Archives

    March 2022
    September 2021
    June 2021
    March 2021
    February 2021
    December 2020
    October 2020
    July 2020
    February 2020
    January 2020
    June 2019
    May 2019
    March 2019
    October 2018
    May 2018
    August 2017
    July 2017
    March 2017
    June 2016
    May 2016
    April 2016
    May 2015
    April 2015
    September 2014
    June 2014
    April 2014
    March 2014
    January 2014
    December 2013
    November 2013
    October 2013
    August 2013
    July 2013
    May 2013
    April 2013
    March 2013
    February 2013
    January 2013
    December 2012
    November 2012
    October 2012
    September 2012
    August 2012
    July 2012
    June 2012
    May 2012
    April 2012
    March 2012
    January 2012
    December 2011
    November 2011

    Categories

    All
    Administration
    Banking
    Community
    Constitution
    Criminal
    Employment Law
    Environmental
    Family
    Immigration
    Insurance
    Juvenile
    Land Use
    Marijuana
    Oil & Gas
    Probate
    Property
    Real Estate
    Recreation
    Small Business
    Technology