AgentRentals

Landlord having trouble evicting marijuana dispensary

Rent it Right

Q: I read recently about a California court that refused to evict a commercial tenant (a medical marijuana dispensary). California has legalized medical marijuana. Does this mean that California landlords cannot evict for medical marijuana use on their properties? --Stephen S.A: You're referring to a November 2012 decision by the Alameda County Superior Court, in a case known by the name of the marijuana collective, Harborside Health Center. The dispute between Harborside and its landlord is currently being litigated in federal court.  Briefly, possession, use and sale of marijuana is a federal offense; but in California, the Compassionate Use Act gives patients and their suppliers immunity from state prosecution if they adhere to the provisions of the act. In the Harborside case, the landlord signed a lease with the cooperative many years before, allowing it to operate the cooperative. But the U.S. Department of Justice has been targeting cooperatives in California, acc...