They put it into black and white because it's a legal agreement. When you write up legal documents, you put in every scenario so not to have future legal repercussions moving forward. Simple as that...the verbiage is put in there to protect the individuals investing 40 million into a federally illegal enterprise in the event that the government begins storming companies associated w mj again. Just because verbiage is in there doesn't make it a conclusion--it protects the people putting the money out from unexpected events in an industry in its infancy...pretty simple.
If you were investing 40 million into a new industry that had been federally illegal since the 1930s id assume you would want safeguards in place in case the relaxed federal viewpoint flipped unexpectedly..