As states legalize the use of marijuana, developers and landlords are in a quandary. If they allow tenants to grow, sell, and use pot on their property, they could run afoul of federal law. A bill recently introduced in Congress could eliminate that dilemma.
“The Compassionate Access, Research Expansion and Respect States (CARERS) Act, which has bipartisan support, was recently introduced in both houses of Congress. If it is passed and enacted into law, the CARERS Act would finally provide protection from federal prosecution in states where medical marijuana is legal,” writes Morgan Stewart, a partner with Irvine, CA-based Manly, Stewart and Finaldi.
At least 30 civil forfeiture cases were filed by the federal government against commercial property owners leasing space to marijuana-related businesses in California, according to Stewart. The federal government can legally seize the property without filing criminal charges against the owner, he writes.
Over a dozen states have enacted medical marijuana laws, and four have legalized it for recreational use.
Related Stories
Casinos | Jan 30, 2016
Boston ends its opposition to a casino, Wynn to build $1.7B resort
A judge’s ruling last year paved the way for Wynn Resorts to begin construction on a 33-acre gambling palace in Everett, Mass.
| Jan 5, 2016
RICS 2016 Americas Summit to feature former U.S. Treasury Secretary Larry Summers
RICS - the Royal Institute of Chartered Surveyors - will hold its fourth annual Summit of the Americas in Washington, D.C., April 3-5, 2016.
Legislation | Sep 25, 2015
Pennsylvania’s contractor payment act doesn’t apply to government, court rules
State Supreme Court denies Navy contractor remedies in lawsuit
Multifamily Housing | Jul 16, 2015
Minneapolis relaxes parking requirements on new multifamily buildings
The city cut the number of spots required for large developments by half. It also will accept plans with no parking spaces in certain cases.
Codes and Standards | Jul 16, 2015
Berkeley, Calif., adopts balcony inspection program following deadly collapse
Apartment building balconies will be subject to inspections every three years under new regulations adopted following a deadly collapse.
Codes and Standards | Jul 16, 2015
Oregon to spend $300 million for seismic updates on public buildings
A survey found that more than 1,000 Oregon school buildings face a high risk of collapse during earthquakes.
Codes and Standards | Jun 24, 2015
Maryland’s Prince George County turns to P3s to build green infrastructure
Over the next 10 years, the county must convert 15,000 acres of watertight surfaces—almost 5% of the county's total area—into surfaces that absorb or treat rainwater.
Codes and Standards | Jun 24, 2015
Philadelphia considers more incentives for green building
Developers could be allowed additional height, floor area on projects that meet benchmarks.