Legal Question in Landlord & Tenant Law in California

Re: landlord rights and marijuana growing

Unless your lease specifically authorized you to do so, you are in breach of your lease regardless of what approval you might have. The reason is the Federal Government does not recognize California's approval of medicinal marijuana, and as such, the landlord's property could be subject to federal seizure. We just represented a landlord in a similar situation, and you would be best served to consult with an attorney to review the approval you do have from the State and determine if an argument can be made to support your position, but we have already successfully defeated a similar claim.

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