Arizona real estate attorney William A. Kozub wrote an article called “Civil & Criminal Issues with Commercial Leases in the Medical Marijuana Industry” published on the Arizona School of Real Estate & Business website. It’s recommended reading for landlords, real estate brokers, realtors and others who are involved with or considering becoming involved with a lease of Arizona land to a medical marijuana dispensary or a medical marijuana grow facility. Here are some statements made in the article:
“all owners, agents and property managers who have sought to reap the benefits of the medical marijuana industry must also be aware of the significant civil and criminal risks inherent in this industry, risks that arise from the fact that federal law does not recognize the medical use of marijuana. . . . While a criminal prosecution of the landlord may not occur, the landlord’s building may find that it is a named defendant in a forfeiture proceeding. Federal law clearly provides for the seizure of ‘all real property, including any right, title, and interest (including any leasehold interest) in the whole of any lot or tract of land and any appurtenances or improvements, which is used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, a violation of this subchapter punishable by more than one year’s imprisonment’.”
