Posts Tagged ‘cannabis’

A Non-trivial Trivia Quiz Answer

Who is the first commercial landlord in the United States to be incarcerated for leasing to a medical marijuana business? The answer may be fun for real estate professionals to try recalling, but for the person who will spend a year in jail, it’s no joke. Mr. Jonathan Janetski, a commercial landlord, on January 4, […]

U.S. Attorney Replies to State Lawsuit

Today’s East Valley Tribune reports on the motion to dismiss filed by the United States through the District Attorney’s office in Phoenix in the lawsuit brought in Phoenix by the State of Arizona. The story is on the Tribune’s Website, found at http://www.eastvalleytribune.com/arizona/article_62931b84-bc9e-11e0-b98a-001cc4c03286.html. The story isn’t long, and isn’t legalistic. The reporter just notes that […]

Federal Supremacy and Arizona’s Medical Marijuana Act

If you’ll wait a couple of days you should be able to find an article by Doug Metcalf of Lewis & Roca at this URL: http://www.azbar.org/AZAttorney. It’s in the current issue of the hard copy of Arizona Attorney (out this week). The article explains how federal law, in this case the Controlled Substances Act (CSA), trumps the Arizona […]

Some Ado About Not a Bloomin’ Thing

Shucks. I sure hope that the reporting in the press about the State of Arizona seeking a “declaratory judgment” about the constitutionality of Arizona’s Medical Marijuana Act is off the mark. Otherwise, I’m concerned about the waste of taxpayer monies invested in a non-starter piece of litigation. This has already been tried in federal court, […]

THE DOOBIE BROTHERS RISE AGAIN

There’s just no being quit with Arizona’s medical marijuana realm. Just the last four days have provided plenty of intrigue hereabouts. In reverse chronological order, on Tuesday the 24th, this story hit the press wires: Governor Jan Brewer and Attorney General Tom Horne announced in a statement Tuesday that Arizona will file a suit seeking a […]

TAKING THE HIGH GROUND IN MEDICAL MARIJUANA BUSINESS LEGAL COUNSELING-PART THREE

A few words are in order for Arizona lawyers habitually consulting medical marijuana enterprises now that Dennis Burke, the United States Attorney (“USA”) for the District of Arizona, shared some thoughts on the federal government’s position on local enforcement. Of course, in his May 2, 2011, letter to Will Humble, the Director of Arizona’s Department […]

TAKING THE HIGH GROUND IN MEDICAL MARIJUANA BUSINESS LEGAL COUNSELING-PART TWO

In a preceding post from a few days back, I offered that there are several highly unsettling aspects of the State Bar’s Ethics Opinion 11-01 issued in February, 2011. I registered a complaint with the State Bar Ethics Committee, and they kindly responded in due course, for which I am grateful. I hope that they […]

TAKING THE HIGHER GROUND IN MEDICAL MARIJUANA BUSINESS LEGAL COUNSELING-PART ONE

In a wee bit of a watershed ethical event for attorneys engaged in representing business interests in Arizona, the State Bar of Arizona issued Ethics Opinion 11-01 in February of this year. It’s about the scope of permitted representation of medical marijuana enterprises by Arizona lawyers. It’s a fairly long opinion by Arizona bar standards, […]

Landlords Rolling with Medical Marijuana Commercial Tenants – A New Dynamic, Part Five

In this final installment, I review more provisions of the commerce park/industrial style lease that will require thought and usually revision when a landlord negotiates its form lease with the medical marijuana enterprise (“MME”). Common Areas, Signage and Rules and Regulations: Tenants sometimes forget that the common areas are for the benefit of all the […]

Landlords Rolling with Medical Marijuana Commercial Tenants – A New Dynamic, Part Four

At last, there will be the moment of reckoning where the terms of the lease with a medical marijuana enterprise (“MME”) must be drafted and negotiated. So, what provisions will the landlord require its attorneys insert into the lease? Here’s a laundry list, arranged loosely by topic: Term, Renewals and Early Landlord Termination Rights: The […]