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
| Feb 8, 2012
California likely to eliminate redevelopment agencies
Leaders of California cities had been trying to fashion a compromise with lawmakers after the state Supreme Court ruled the state had the authority to eliminate the agencies and use their property tax money for local services.
| Feb 8, 2012
Project aimed at economical seismic retrofits on historic Memphis structures
The group will develop a low-cost seismic retrofit model that would benefit aging brick-and-mortar structures. It involves bolting steel brackets to existing wooden floor and ceiling joists.
| Jan 26, 2012
Tampa moves to streamlined online permitting system
The system will replace an inefficient patchwork of old software and is designed to provide businesses, homeowners, and contractors with online access to permitting and licensing information.
| Jan 26, 2012
Industry challenges Connecticut's suit over defective construction work
The dispute arose over multimillion-dollar leaks at the University of Connecticut's law library.
| Jan 5, 2012
Some ADA accessibility rules change in 2012
Some changes to the Americans with Disabilities Act go into effect beginning March 15, 2012.
| Jan 5, 2012
Ontario's stringent energy code has builders concerned over indoor air quality
Some Ontario builders are worried that new building code requirements with stricter energy efficiency measures could lead to poor indoor air quality.
| Jan 5, 2012
New law bars Defense Department from new LEED certifications
The Defense Department will not be allowed to use any money to certify its buildings LEED Gold or Platinum, under a law President Obama signed Dec. 31.
| Dec 22, 2011
Federal home weatherization program has impacted 6.8 million homes
More than 6.8 million homes have been weatherized using federal, state, utility, and other funds under the American Recovery and Reinvestment Act.
| Dec 15, 2011
Dayton, Ohio schools saving $2.6 million annually by building to LEED
On average, green schools save about $100,000 a year on operating costs, including energy and water savings.
| Dec 15, 2011
Building to LEED standards can pose new risks for construction workers
Workers on these projects suffer a 24% increase in falls to lower levels during roof work, which researchers attributed to the installation of solar panels, and a few other risks.
