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
| Jan 8, 2013
Congress passes Drywall Safety Act
Congress recently passed the Drywall Safety Act; President Barack Obama is expected to sign it soon.
| Jan 4, 2013
AGC economist says "fiscal cliff" deal will give construction a boost
The deal in Congress to avoid going over the so-called fiscal cliff "should encourage many businesses to go ahead with projects they have held in reserve," said Ken Simonson, chief economist of the Associated General Contractors of America.
| Dec 27, 2012
New York City law tracking building energy use yields surprises
A legally mandated report that tracks the energy use of New York City's largest buildings provides details about which buildings are achieving higher-than-expected energy efficiency, such as the Chrysler and Empire State buildings, as well as those that are performing poorly.
| Dec 27, 2012
New Jersey considers green roof mandate for state buildings
The New Jersey legislature is considering a bill that would require installation of green or blue roofs on state buildings that are at least 15,000 sf.
| Dec 13, 2012
So-called fiscal cliff is already affecting construction jobs, AGC finds
In November, the construction industry shed 20,000 jobs and its unemployment rate reached 12.2%, according to an analysis by the Associated General Contractors of America.
| Dec 13, 2012
New York City poised to enact recycling mandate for multi-family dwellings
New York City lags behind other large cities in recycling with only 15% of residential trash being recycled. A new bill passed by the City Council aims to improve the rate by changing how new apartment buildings are constructed.
| Nov 29, 2012
New York contractors say they will pay tax despite a court ruling that the tax is unconstitutional
The New York Building Congress says it will voluntarily pay a tax declared unconstitutional by the courts because, it says, the money is vital to maintaining the city’s transportation infrastructure.
| Nov 26, 2012
Minnesota law to spur development, job creation produced few jobs
Legislation that allowed local governments to direct excess property tax dollars from tax-increment financing districts into other private developments was supposed to kick-start construction hiring in Minnesota.
| Nov 16, 2012
Voters approve fewer construction ballot measures in 2012 than in 2008
Voters passed fewer ballot measures related to construction projects this year than they did in 2008, according to an analysis by the Associated General Contractors of America.
