Medical Marijuana Premises Leasing and Property Lawyer Dilemmas in Statutorily Altered States
Michael N. Widener
Bonnett, Fairbourn, Friedman & Balint PC; Phoenix School of Law; University of Phoenix
April 20, 2012
Vol. 41(3) Real Estate Law Journal (Winter, 2012)
This paper addresses a brief history of 21st Century federal enforcement of (and seeming reversal of administrative direction respecting) the Controlled Substances Act, ethical dilemmas facing attorneys in representing medical marijuana industry operators and the viability for property owners of the "innocent owner" defense to real property forfeiture today under CAFRA. The paper discusses the liability of landlords leasing to medical marijuana business establishments, and identifies the first two American cases identifying commercial landlords sentenced to jail terms under the federal "Crack House" statute tied to illegal drug business operations occuring on their property. The paper further reviews recent literature on medical marijuana as it impacts real property and land use dimensions of transactional law practice.
Number of Pages in PDF File: 27
Keywords: medical marijuana, medical cannabis, Controlled Substances Act, CAFRA, commercial leasing, commercial leases, land use regulationAccepted Paper Series
Date posted: April 22, 2012 ; Last revised: November 13, 2012
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