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PullDaLevaKronk t1_irjnl5o wrote

Reply to comment by plugubius in Pot twist: Cannabis firm refuses federal judge's ruling because its business isn't legal under federal law by Doc_Dante

Federal law also makes it a felony to lease or rent any place for the purpose of manufacturing, distributing, or using any controlled substance, including cannabis.

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plugubius t1_irjrzhz wrote

That law does not expressly preempt state contract law, and it would be very hard to argue that conflict preemption applies. It allows the Attorney General to seek a variety of criminal, civil, and administrative penalties. That power does not clearly conflict with a state's ability to decide contractual rights in the absence of the Attorney General's action, and it does not provide for any private enforcement. The scope of federal preemption in the drug context is very narrow.

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lorgskyegon t1_irk5wl7 wrote

The landlord can't ask a federal court to enforce a contract that is illegal under federal law.

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PullDaLevaKronk t1_irk0xll wrote

Never made the argument. Just provided a reliable link to a mention of the law you were looking for.

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