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

[Bryce Dille]

My partner in similar instances put in the order that the plants are to be removed by the tenant and if there are any still in  there then the sheriff can dispose of them as he sees fit.

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Bryce H. Dille
Campbell, Dille, Barnett & Smith,  PLLC
P.O. Box 488
Puyallup, WA  98371
Voice:  253.848.3513
Fax: 253.845.4941
bryced at cdb-law.com<mailto:bryced at cdb-law.com>

Business Entity Creation and Management
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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Rob Rowley
Sent: Thursday, May 05, 2016 2:55 PM
To: WSBA RPPT
Subject: [WSBARP] I-502, Cannabis and Commercial Unlawful Detainers RCW 59.12

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.

[cid:image001.jpg at 01D1A6DF.6DCA5730]Robert R. Rowley | Attorney at Law
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Telephone: (509) 252-5074
Mobile: (509) 994-1143
Facsimile: (509) 928-3084
Email: rob at rowleylegal.com<mailto:rob at rowleylegal.com>
Web Site: www.rowleylegal.com<http://www.rowleylegal.com/>

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

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