IANAL, but my understanding is that because it’s a business property, the landlord is aware of what the business is. I take it as the court is looking at it as “you’ve filed a contract / lease with the tenants, so that they pay you money, in exchange, they can use the property to sell cannabis”. Federally, last I checked, cannabis isn’t legal. Since the landlord knows the property is being used federally illegally, the federal court won’t discuss the contract because it’s invalid. Plus, they also know the landlord could just take it to the Illinois state court so I imagine they’re using some slight discretion there.
Now if the property were a residence type instead of business, the landlord would have no reason to know that they’re using their property for selling cannabis, so then I think the federal court would touch it.
ankelbiter12 t1_irjmdhy 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
IANAL, but my understanding is that because it’s a business property, the landlord is aware of what the business is. I take it as the court is looking at it as “you’ve filed a contract / lease with the tenants, so that they pay you money, in exchange, they can use the property to sell cannabis”. Federally, last I checked, cannabis isn’t legal. Since the landlord knows the property is being used federally illegally, the federal court won’t discuss the contract because it’s invalid. Plus, they also know the landlord could just take it to the Illinois state court so I imagine they’re using some slight discretion there. Now if the property were a residence type instead of business, the landlord would have no reason to know that they’re using their property for selling cannabis, so then I think the federal court would touch it.