Joint Tenancies: Landlords and Medical Marijuana Businesses (Book Excerpt)


6 Pages Posted: 14 Mar 2012 Last revised: 24 Apr 2017

See all articles by Michael N. Widener

Michael N. Widener

Bonnett, Fairbourn, Friedman & Balint; Embry-Riddle Aeronautical University

Date Written: March 12, 2012


Joint Tenancies is a book about leasing and property law in what, for today, is a budding commercial rental market – the operation of medical marijuana businesses. The landscape of leasing opportunities in 2012 is muddied by a disconnect between states that continue to debate, legislate and implement laws and regulations and federal prosecutors and law enforcement officials who prosecute, and threaten more prosecutions of, commercial landlords under forfeiture laws. Other real property dimensions of medical marijuana tenancies are treated in a manner that should interest all those engaged in leasing of commercial improvements – owners, brokers/agents, accountants, attorneys and property managers among them.

Among the topics of discussion in the book are maintaining the natural and social environments in accomodating these uses and the myriad economic risks to landlords, lenders, and neighboring property owners arising from such tenancies. Substantial attention is paid in the text to federal forfeiture law, both in terms of the very real threat this process poses to landlords (and their lenders) and the process that will occur should federal enforcement determine to proceed against the medical marijuana business' landlord. This process can move forward, the author notes, even if the landlord is not a participant in the management or the ownership of the tenant's business.

The attached excerpt contains the cataloging in publication data (of interest to librarians), the Table of Contents and author's Preface along with a portion of the text and endnotes.

The book is published by Yeoman Timber, LLC and is for sale via the Internet as a PDF ( or from the publisher POD,

Keywords: Cannabis, medical marijuana, medical marijuana business, commercial leasing, restrictive covenants, land use regulations, forfeiture, mortgage lending

JEL Classification: K11

Suggested Citation

Widener, Michael N., Joint Tenancies: Landlords and Medical Marijuana Businesses (Book Excerpt) (March 12, 2012). Mike Widener, JOINT TENANCIES: LANDLORDS AND MEDICAL MARIJUANA BUSINESSES, Yeoman Timber, LLC, 2012. Available at SSRN:

Michael N. Widener (Contact Author)

Bonnett, Fairbourn, Friedman & Balint ( email )

2325 East Camelback Road
Suite 300
Phoenix, AZ 85016
United States

Embry-Riddle Aeronautical University ( email )

Prescott, AZ 86301
United States

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