SF Board of Supervisors Prepare For The Era of Legalized Marijuana

By DANIEL BORNSTEIN, ESQ.

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In earlier posts, we noted that the legalization of marijuana won’t go without checks, and case in point: The Board of Supervisors voted 9-2 on Tuesday for a 45-day moratorium on new cannabis dispensaries in the city. They seem to be taking a deliberate and cautious approach to explore how to better regulate this budding industry.

The ban targets medical marijuana dispensaries, but a major concern is how to adjust when Proposition 64 goes into effect next year. Since Prop 64 was passed, naturally, there has been an influx in applications for Medical Cannabis Dispensary (MCD) permits in San Francisco.

The ordinance addresses the Supe’s concerns that “the proliferation of MCDs in the absence of such comprehensive control may ultimately result in cannabis retail establishments that create negative land use and other impacts, including impacts on neighborhood character, traffic, and safety, and that are inconsistent with City zoning.”

Supe. Cohen was “not an anti-cannabis person”, she commented at the meeting and didn’t want to quash sales. Rather, she explained her vote as cautionary, to “pause and reevaluate” new business. For more backdrop in how the city is struggling to prepare for the era of legalized pot, read this article.

At Bornstein Law, we don’t let the “grass” grow from underneath our feet. Like Airbnb and other short-term rental agreements, we are pioneers in the evolving rules and regulations related to marijuana. There are sure to be many disputes arising from the use and cultivation of marijuana within San Francisco rental units.

For landlords that want to prohibit marijuana in their units, Bornstein Law can assist in enforcing your wishes. Property owners that condone the use and cultivation of marijuana still need to know the law and how they can avoid nuisance claims from other tenants that do not inhale.

For the latest updates in this nascent area of law, follow us on Facebook.

 

As the founding attorney of Bornstein Law, Broker of Record for Bay Property Group and expert witness, Daniel Bornstein is a foremost and well-respected expert in landlord-tenant disputes and other property management issues with over 23 years of experience in handling real estate and civil litigation related disputes in and throughout the Bay Area. More than a litigator, Daniel manages rental properties, assists in completing real estate transactions and is well known for his educational seminars. He is always eager to answer questions and engage with Bay Area landlords, property owners and real estate professionals. Email him today.