Medical Marijuana Premises Leasing and Property Lawyer Dilemmas in Statutorily Altered States

Vol. 41 Real Estate L. J. 394 (Winter, 2012)

Arizona Summit Law School Research Paper No. 2012-A-02

27 Pages Posted: 22 Apr 2012 Last revised: 29 Apr 2017

See all articles by Michael N. Widener

Michael N. Widener

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

Date Written: April 20, 2012

Abstract

This paper addresses a brief history of 21st Century federal enforcement of (and the reversal of federal direction to enforce, during the Obama Administration) the Controlled Substances Act of 1970. It also discusses ethical dilemmas facing attorneys in representing marijuana industry operators and the viability for property owners of the "innocent owner" defense to real property forfeiture today under CAFRA. The paper describes potential liability of landlords leasing to medical marijuana business establishments, and identifies the first American cases identifying commercial landlords sentenced to jail terms under the federal "Crack House" statute, sanctioning operations occuring on their property. The paper further reviews recent literature (existing through the paper's publication date) on medical marijuana as it impacts real property and land use dimensions of transactional law practice.

Keywords: medical marijuana, medical cannabis, Controlled Substances Act, CAFRA, commercial leasing, commercial leases, land use regulation

JEL Classification: K11, K14, K23, K42

Suggested Citation

Widener, Michael N., Medical Marijuana Premises Leasing and Property Lawyer Dilemmas in Statutorily Altered States (April 20, 2012). Vol. 41 Real Estate L. J. 394 (Winter, 2012); Arizona Summit Law School Research Paper No. 2012-A-02. Available at SSRN: https://ssrn.com/abstract=2043347 or http://dx.doi.org/10.2139/ssrn.2043347

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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