The lease must expressly prohibit the tenant from engaging in conduct that violates any law, that includes Federal law. I suggest delineating, “shall not violate any law, including but not limited to Federal, State, or local laws. Possessing, cultivating and using marijuana in any form remains a violation of federal law even if the U.S. Department of Justice policy, expressed in the Odgen Memo October 19, 2009 and and revised in the Cole memos, Cole Memo June 29, 2011, Cole Memo August 29, 2013, Cole February 14, 2014, state that the federal government will not make the prosecution of qualified patients or primary caregivers who utilize medical marijuana in conformity with state medical marijuana laws a law enforcement priority. The Cole 2014 “Bank” Memo is guidance to banks that unless the marijuana business violates law other than the legal sale of marijuana, no Suspicious Activity Report needs to be issued.
Experienced Real Estate And Business Attorney