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What Does the Law Say About Evicting Marijuana Dispensaries



Having a medical marijuana dispensary can help patients deal and recover from certain ailments such as loss of appetite due to HIV and cancer. It can also help the muscles of Parkinson’s disease patients to relax so they won’t experience severe tremors. There are also some studies that show medical marijuana can aid in easing multiple sclerosis symptoms such as pain, spasms, and frequent urination.

While it would seem like a good idea to open up a medical marijuana dispensary, the federal government has strict laws governing the operation of such an establishment even though some states now allow the creation and distribution of the drug. However, some dispensaries hide the fact that they’re distributing weed for illegal purposes, which can then cause the federal government to take action.

Commercial Establishment Eviction of a Marijuana Dispensary

The Drug Enforcement Agency (DEA) informed commercial establishment landlords that the sale of marijuana is illegal under federal law as seen in letters sent to the aforementioned property-owners. The government agency asserted its right to confiscate the commercial property in agreement with the law of civil forfeiture.

What is Civil Forfeiture?

The law of civil forfeiture was made to properly deal and combat organized crime, as well as large scale drug trafficking. When this law is exercised, the federal government can take the property of criminals found guilty of doing illicit deeds. Criminal forfeiture laws will allow the apprehension of the property only after there’s a conviction beyond reasonable doubt. This law also allows the federal government to seize assets even without any conclusion of guilt.

What Can the Commercial Landlord Do?

 The best way to deal with the dilemma is for the landlord to evict the offending commercial tenant or else the DEA civil forfeiture will close down and seize the property. However, the landlord must have a just cause to evict the tenant before taking civil action. Many commercial landlords will often list down “Breach of contract” as the primary reason for the eviction, but a breach of the lease is reliant on the language found on the lease.

Dispensary eviction is a very complicated and constantly changing process, and the law behind it can be very confusing. The acquisition of the services of landlord-tenant lawyers will assist commercial landlords in properly dealing with the situation. An experienced attorney can aid landlords in identifying the specifics written in the law, and they can also represent the property-owner in court.

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