Marijuana has been and remains illegal under federal law, even Washington and a growing number of states have passed laws making marijuana legal under state law.
Marijuana businesses and their landlords are subject to criminal prosecution under federal law. Landlords of marijuana businesses may also lose their property in civil forfeiture actions.
US Attorney General Jeff Session last week announced new guidelines for expanded prosecution of marijuana businesses, even in states where the businesses are legal under state law. This is an ominous threat to both marijuana businesses and their landlords.
Washington marijuana businesses are regulated and must be licensed. The licenses are public record, and could be used to investigate and prosecute marijuana license holders.
Evidence of landlord knowledge and consent to use their property for a marijuana business can place the landlord in serious legal jeopardy. Such evidence may consist of the lease language, or emails and text messages between landlord and tenant that mention a marijuana related business purpose.