In a landmark decision that highlights the tension between state and federal cannabis laws, a California appellate court ruled on October 29th that property owners can refuse to allow the transportation of cannabis across their land via easements, even when the cannabis operation is approved by local authorities. The Second District Court of Appeal’s unanimous
Leasing commercial property to a cannabis business in California presents a unique set of challenges and opportunities for landlords. Understanding the potential risks and rewards is essential to making informed decisions. This guide examines various questions our cannabis landlord clients frequently ask my law firm's attorneys regarding leasing California properties to cannabis businesses.
Cannabis commercial lease agreements Signing a commercial lease can be an exciting step toward realizing operational goals in your Washington cannabis business. However, if a lease is not analyzed and completed correctly, the agreement can leave either the landlord or the tenant, or both, with additional headaches and liability. Understanding the nuances of the cannabis
Cannabis real estate transactions can be notoriously complicated – much more so than your average real estate deal. On January 9, 2024, I’ll be speaking on a panel called “Navigating Real Estate Issues Impacting the Cannabis Industry” for the Los Angeles County Bar Association, where my co-panelists and I plan on touching on many of
Cannabis leasing is incredibly complicated for both lessors and lessees. But things can get a lot more complicated in competitive license jurisdictions. I’ve worked with both lessors and lessee-applicants in competitive licensing jurisdictions, and today want to highlight some of the key things I’ve seen over the years. #1 Why competitive licensing is different from
One of the most important business decisions cannabis businesses need to make is whether to lease or buy real estate. I have worked on too many cannabis real estate transactions to count. And in my experience, the vast majority are leases. Today I want to look the top three reasons why that’s the case. #1
As we noted in our summary of the big Cannabis Control Board meeting on May 11, 2023, one significant revision to the New York adult-use rules and regulations was the creation of the “provisional license.” This mechanism allows applicants to be provisionally licensed without having secured real estate prior to submitting an application. Provisional licensing
Prospective cannabis businesses seeking to open dispensaries on Long Island are running into several issues and roadblocks with the proposed or adopted zoning legislation restricting operators to mainly industrial areas. As it stands, dispensaries can open only in Long Island towns that opted in for retail cannabis sales. To date, Babylon, Brookhaven, Riverhead and Southampton have opted-in
Real estate is on the forefront of many people’s minds with New York on the doorstep of adult-use cannabis applications. And for good reason: owning or controlling real estate will be a requirement for applicants (with some soon-to-be caveats for social equity applicants). We have fielded lots of calls from prospective adult-use cannabis applicants starting
One of the most common commercial cannabis lease structures is what is commonly referred to as a “triple net” or “NNN” lease. Triple net cannabis leases allow landlords to pass on nearly all operational costs associated with a property to a tenant, which can be a big benefit for both landlords and tenants. Today, I’ll
