Medical Marijuana in California
The legal climate for marijuana is rapidly evolving nationwide. In California the laws regarding the cultivation of medical marijuana are reliable. The legal ramifications for landlords who have legal marijuana tenants are nonexistent and there have been no lawful cultivator landlord prosecutions, seizures or threats since the laws were passed.
Medical marijuana can be legally cultivated in California.
California law recognizes the legal cultivation of medical marijuana. In 1996 California’s Proposition 215, called the California Compassionate Use Act, legalized the possession and cultivation of medical marijuana by patients and their caregivers upon the approval of a California licensed physician. In 2004, additional state legislation was added under California Health and Safety Code 11362.7 (commonly called SB420) that expanded the legal protections of Proposition 215.
Not only does SB420 provide protection for the possession, cultivation and sale of medical marijuana, importantly it also provides explicit protection for providing or leasing property for medical marijuana related activities (CA HSC 11366.5, CA HSC 11570).
We supply only the real estate. We are not cultivators or partners in cultivation.
Heavy Power Properties has no involvement with marijuana or its cultivation. HPP is solely a real estate group that provides an optimal industrial real estate product for the safe and legal cultivation of medical marijuana. We have no shared financial interest with our tenants. All of HPP’s tenants sign standard commercial leases and pay a fixed monthly rent. We have no profit-sharing, sharecropping or other such agreement with any of our tenants.
All of our tenants are experienced professional legal cultivators.
HPP vets all our prospective tenants thoroughly. We require all our tenants to have filed the required paperwork and to be a legal enterprise in good standing. Under SB420, a cultivator of medical marijuana must form either a ‘collective’ or ‘cooperative’ entity through the California Secretary of State. They must have relationships with patients that allow the cultivator to grow marijuana on behalf of specific patients with a physician's recommendation. Our tenants file all the required paperwork and have legal representation. Because the cultivation of medical marijuana is a skilled trade that encompasses both growing plants and the maintanence of the facility and management of employees, we only lease space to cultivators with a history of successful cultivation.
HPP has not had any legal issues to date.
Because we select our tenants carefully and work to maintain lawful and discreet cultivation spaces, HPP has not had any legal issues or law enforcement involvement.
The future of marijuana is outright legalization.
Nationwide public support for legalizing marijuana is at 58%, an all time high. 76% of Americans do not support prosecution or jail time for minor marijuana posession. The percentage of Americans who favor outright legalization has been growing steadily year over year. Several States have had ballot measures supporting decriminalization and Colorado and Washington have both legalized recreational use of marijuana. The future of marijuana appears to be nationwide legalization. In the States that have shown the most support of marijuana, the regulation of cultivation has been widely supported. HPP has monitored all the regulations set forth by other States to date and works to be ahead of the curve with regard to compliance. We anticipate that when marijuana is legalized there will be regulations for cultivators and our goal is to have properties and tenants that are already compliant.