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Drug & Device News
Feds Put Pressure on Medical Marijuana Dispensaries' Landlords
Arcata, CA, attorney Steven Schectman has filed suit in federal court against the Drug Enforcement Administration (DEA), alleging the agency violated the civil rights of so-called 'pot club' owners when it sent threatening letters last year to California landlords who rent to the marijuana dispensaries. The letters, which told the landlords that 'federal law takes precedence over state law,' informed the landlords that the DEA considers it a federal crime to aid drug-selling businesses and that Proposition 215 ' which in 1996 legalized medical marijuana in California ' will not be accepted as a defense to protect them from authorized penalties of up to 20 years in prison and the loss of their property.
Landlords have understandably become nervous, evicting some pot club tenants, but lawyers like Schectman are helping the clubs fight back. He has already successfully defended one such club, the Arts District Healing Center, from an eviction attempt prompted by one of the DEA's letters. The judge in that case held that the landlord had no legitimate basis for the eviction as the tenant was in compliance with the terms of its lease.
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