Legality of Medical Marijuana in a Commercial/Business Property?

Medicinal use of marijuana is authorized under California law by the Compassionate Use Act, but it remains a crime under Federal law.

It is permissible for qualified patients to grow marijuana as a collective, or to have a caregiver grow for them, but the legality of dispensaries is still in a gray area. In many areas, law enforcement looks the other way, but authorities have kept dispensaries from opening in other places.

Although the new US Attorney General has said that enforcement of the law against dispensaries is not a priority under the Obama administration, Federal agents raided more than a dozen medical marijuana dispensaries in San Diego last week.

There is no way to guarantee that you won't wind up with a serious legal headache by renting to a grower. The lease amount should take into account the possibility that you could wind up with some hefty legal fees.

Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like Avvo, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.

Consider also the possiblitiy that the feds will seize the property. I cannot imagine that the tenant will be able to compensate you enough for the risks that you would be taking.