[WSBARP] I-502, Cannabis and Commercial Unlawful Detainers RCW 59.12

[Rob Rowley]

Curious to hear what your experiences have been with commercial evictions
where the subject property holds marijuana/cannabis and there has been a
default by the tenant.  Landlord commences the unlawful detainer and the
tenant raises an argument that the landlord can't immediately proceed to
obtain a writ of restitution as the landlord would be committing a felony
because the landlord would also be taking possession of marijuana plants
inside of the building (without being licensed by the state). I have lots
of commercial landlords and have dealt with various commercial leases
dealing with I-502.



I was in court this morning and was waiting my turn on the show cause
unlawful docket (residential) and was intently listening to a similar
argument being pitched by another attorney to the judge who agreed to a two
week continuance to allow counsel for both landlord and tenant to attempt
to work something out.  In the alternative, they would be back on the
docket to better brief the court on the issue and conduct the show cause
hearing.



Curious how the judges and bar are handling these types of matters.



Also, is there a mechanism with the Liquor and Cannabis Control Board for
these issues.



*Robert R. Rowley* | Attorney at Law

7 S. Howard St, Suite 218

Spokane, WA  99201

Telephone: (509) 252-5074

Mobile: (509) 994-1143

Facsimile: (509) 928-3084

Email: rob at rowleylegal.com

Web Site: www.rowleylegal.com



Practice concentrated on business, real estate and general legal matters in
Washington and Idaho.



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