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
| Dec 27, 2013
$1 billion 'city within a city' development approved by Coachella, Calif., city council
The mega development includes 7,800 homes, a retail center, office space, and nearly 350 acres of open space.
| Dec 19, 2013
New York City proposal may boost standards for crane maintenance
New York City may boost maintenance standards for cranes operating in the city, including the addition of load cycle counters to record data regarding every lift that a crane performs.
| Dec 11, 2013
Province of Ontario is reviewing bill to require timely payments to contractors
Legislation is under review in the Province of Ontario that would mandate timely payments to contractors.
| Dec 11, 2013
Federal design-build proposal could make it easier for small businesses to land government contracts
The Design-Build Efficiency and Jobs Act, a bill pending in the U.S. House of Representatives, would streamline the bid and proposal process by requiring government agencies to use a two-step process when seeking design-build contracts for projects worth more than $750,000.
| Dec 4, 2013
Philadelphia City Council mulling bill requiring ID cards for construction workers
The Philadelphia City Council has held a series of hearings on a bill aimed at boosting the city's safety regulations in the wake of a deadly building collapse earlier this year.
| Dec 4, 2013
Design-build makes gains along with more authorizing legislation
In 2009, more legislation authorizing design-build project delivery passed than in any year in Design Build Institute of America’s history.
| Dec 3, 2013
Architects urge government to reform design-build contracting process
Current federal contracting laws are discouraging talented architects from competing for federal contracts, depriving government and, by inference, taxpayers of the best design expertise available, according to AIA testimony presented today on Capitol Hill.
| Nov 27, 2013
Ohio legislators move to ban use of LEED on public construction
Two Ohio state senators have introduced legislation that seeks to ban the use of LEED in public construction.
| Nov 20, 2013
Safe Jobs Act would provide more protection for New York City construction workers
Legislation that would require safety training for construction workers on public projects in New York City has been introduced to the City Council.
| Oct 15, 2013
15 great ideas from the Under 40 Leadership Summit – Vote for your favorite!
Sixty-five up-and-coming AEC stars presented their big ideas for solving pressing social, economic, technical, and cultural problems related to the built environment. Which one is your favorite?