RICO suits are not just busting up gangs these days. The Racketeer Influenced and Corrupt Organizations Act (RICO) is a federal Nixon-era law originally intended to combat drug cartels and organized crime. Among other features, it allows average citizens claiming a loss in property value to bring suit for... Read more
Development agreements are a unique process. This is the second post in our three-part series on California development agreements. In our first post we provided an overview of the use (and misuse) of development agreements in the cannabis industry. This post breaks down the basics of development agreement laws.... Read more
California municipalities are missing the mark on development agreements. Development agreements have become a popular tool for California municipalities regulating commercial cannabis activities. We’ve talked a bit about development agreements in the cannabis context here. In a nutshell, a development agreement is a contract between a municipality and developer that... Read more
Entirely avoidable, fortunately. We’ve written previously about some common issues landlords run into when leasing to cannabis businesses (see links at the bottom of this article). Now that we’ve seen almost a year’s worth of emergency regulations, and the state has released its proposed final regulations, we’ve also seen... Read more
…In a good way, for cannabis landlords. Almost two years after the passage of Proposition 64, the 2016 California voter initiative to legalize and regulate medicinal and adult-use cannabis, California has begun to finalize its regulations that will govern the largest cannabis market in the country, though that effort... Read more
Don’t get left with a mess on your land! For California landlords leasing to cannabis businesses, we’ve previously discussed how compliance with state and local law, perhaps even more so than the specter of federal enforcement, should be a top concern when structuring the tenancy and drafting the lease.... Read more
…with your California cannabis lease. The current state of enforcement in California tends to be dominated by headlines about the Department of Justice, Jeff Sessions, the DEA, and the Controlled Substances Act. And for good reason—under the constitution, federal law is the law of the land, and commercial landlords... Read more