Medical Marijuana Premises Leasing and Property Lawyer Dilemmas in Statutorily Altered States
Vol. 41 Real Estate L. J. 394 (Winter, 2012)
27 Pages Posted: 22 Apr 2012 Last revised: 29 Apr 2017
Date Written: April 20, 2012
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: Suggested Citation