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Cannabis Leaseholds and Real Property Acquisitions

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Cannabis Real Property Acquisitions Require Experienced Legal Counsel

Land-use restrictions. Contingency fees. Concerned commercial property owners. Harris Sliwoski knows the challenges of real estate and cannabis-based businesses, and we’ve successfully dealt with them before. Our team has extensive experience with legal issues arising between cannabis industry landlords, tenants, buyers, and sellers.

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Effective Negotiation and Dispute Resolution

Harris Sliwoski’s attorneys ensure that our clients’ interests are protected through every real estate transaction, from the LOI through closing and beyond.

Harris Sliwoski’s lawyers have extensive experience with the legal issues that commonly arise between landlords, tenants, buyers, and sellers in the cannabis industry. Our attorneys establish clear communication and agreements from the outset, ensuring a durable and sustainable relationship rooted in the realities of doing business in a heavily-regulated industry. Whether you are a landlord, a cannabis business owner or potential licensee, or a buyer or seller of land, our cannabis attorneys can help you draft and negotiate agreements that will provide you with long-term protection and flexibility.

Though proactive planning should prevent many disputes, Harris Sliwoski’s cannabis attorneys are also prepared to handle conflicts that may occur over the course of a tenancy or after a property acquisition. We have successfully defended and prosecuted a wide range of claims involving eviction, liens and assessments, foreclosure, unpaid rent, purchase and sale default, land use and zoning disputes, and property damage.

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Our Cannabis Real Estate Law Services

Our cannabis real property services include:

  • Developing landlord marketing packages to describe cannabis business models for banks and other lenders
  • Drafting and negotiating letters of intent
  • Drafting leaseholds to accommodate cannabis business
  • Reviewing and advising on commercial leases
  • Drafting amendments to commercial leases
  • Drafting real property purchase and sale agreements
  • Performing due diligence for real property purchases and sales
  • Drafting and negotiating development agreements
  • Advising on land use issues
  • Advocating before government agencies for entitlements and project approvals
  • Structuring revenue-sharing leases
  • Representing clients in litigation and mediation

Every cannabis real estate transaction is unique, just like every piece of property. Our experienced cannabis real estate attorneys can help you get it right.

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Why Choose Harris Sliwoski for Cannabis Real Estate Counsel?

We’ve successfully earned the trust of many cannabis businesses worldwide through our:

  • Full-service philosophy: We’re more than cannabis real estate lawyers. As industry thought leaders, we have the skills and resources to represent your cannabis company across its life span.
  • Extensive experience: Our team has been on the cannabis law front line since 2010. We’ve helped hundreds of global cannabis businesses with our firsthand expertise.
  • Consultative process: We work to understand your needs and objectives. Our approach allows us to create effective legal strategies based on your unique circumstances.
  • Current knowledge: Our attorneys know the environment is dynamic. We keep track of the changes and industry trends to offer up-to-date advice.
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Full-Service Planning for Legal Service Surrounding Cannabis Leaseholds and Real Property Acquisitions

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Understand your rights, responsibilities, and opportunities everywhere you operate.

Follow our Canna Law Blog for in-depth analysis and up-to-the-minute information on the laws and issues affecting the cannabis industry.

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Get in Touch with Our Real Property Team

Get started by filling out the form, or call 1-888-330-0010 to schedule an initial consultation.

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Our Clients' Successes

“Harris Sliwoski expertly guided us through the formation of our company. They continue to assist with necessary registrations and compliance with numerous regulations. They were able to promptly answer all our many questions and provide understandable options, explanations and practical advice. We expect to continue to use Harris Sliwoski on a regular basis as our company expands. They were also able to introduce us other professional experts. We would not hesitate to recommend Harris Sliwoski to any companies in need of legal advice.”

user icon Three Continents Foods LLC

This law firm was a huge help as our company went through the process of commercial licensing in the California cannabis industry.  They have helped us with a variety of legal issues in a timely fashion, while clearly communicating with us throughout the process.  Everyone we’ve worked with at Harris Sliwoski is an expert in their field and we have always felt that we were in good hands through our legal representation.

user icon Wil Crummer, CEO PRO Farms

Legal stuff is always scary. And I’ve had to play offense a couple times, begrudgingly. To have Harris Sliwoski have my back? It made things a lot less prickly. They quickly walked me through my options, and were refreshingly consistent in their communications, timing and billing. I’ve been lucky to stay out of the legal side of things my whole career, thankfully. When things went a little wrong, Harris Sliwoski quickly made things right.

user icon Aaron Draplin, Founder Draplin Design Co.

I am impressed with this law firm. They answered all my questions regarding cannabis businesses and the California cannabis framework, and they have helped me with a variety of legal issues in a timely fashion, while always clearly communicating with us throughout the process. They also redirected me to other quality people for my business needs. Everyone I worked with at Harris Sliwoski is an expert in their field, and I was in good hands throughout my legal representation.

user icon Corey T., CEO Thinc Cubed, LLC

I have been working with the lawyers at Harris Sliwoski for more than 20 years both as a business owner and as an executive at a large east-coast health system and that is because they have always efficiently provided high level and clear international law advice. Most recently, Harris Sliwoski provided legal support on many matters related to procuring medical products worldwide. Their support was particularly helpful to during the onset of COVID, when there was a big need for securing PPE quickly, all while navigating complicated international and domestic legal requirements. Harris Sliwoski’s team of international lawyers helped by conducting rapid-fire due diligence on potential suppliers, navigating the legal logistics for getting product from overseas and through U.S. customs, and drafting contracts to protect against various sorts of horribles. They did this by essentially providing what amounted to 24/7 service. I cannot recommend them highly enough.

user icon Dan Pak Hospital Supply Chain Executive

Harris Sliwoski has represented our company in the legal cannabis industry for years. Harris Sliwoski has advised us in a wide variety of legal matters, and they are truly experts in their field. I would highly recommend Harris Sliwoski to anyone with questions about cannabis law, or any legal matters. They have been great for our Company, and will continue to guide us as our industry evolves

user icon Matt Hurt, COO Cannabis Nation

You won’t find a better partner than Harris Sliwoski when trying to navigate the complex world of healthcare regulations.  They not only give sound and reliable legal advice, but they are also very responsive and are able to guide you in a way that helps you reach your business objectives as well.

user icon Joseph Axelrod, General Counsel Irwin Naturals

When we started the process of building a ‘seed to sale’ cannabis company in Oregon, we saw the need for expert legal counsel.  The cannabis sector is fraught with potential peril at every turn, and we wanted the best legal advice we could find.  After talking to several firms and individuals, we feel extremely fortunate to have chosen Harris Sliwoski as our legal counsel.

user icon Tony Theiss, CEO and Co-Founder Redbarn Cannabis 

We use Harris Sliwoski on all our international legal matters, including on our international litigation matters. We have over the last few years been involved in a couple big international legal disputes and Harris Sliwoski’s international dispute resolution team provided us with expert legal assistance on both matters. They were always very careful to explain to us what they were doing and why and what their actions would likely cost us in legal fees. Most importantly, we did extremely well on both cases and I have no doubt Harris Sliwoski was a big factor in that.

user icon Kevin English, CEO We Are Camp

We have used Harris Sliwoski for legal help related to our international manufacturing. The lawyers with whom I worked had extensive familiarity with the international legal issues involved in our various projects and offered us key insights. I particularly appreciated how they always quickly and efficiently do what they say they will do and always within their cost estimates.

user icon Andrea Barona Valladolid, Senior Legal Counsel Fairphone

Frequently Asked Questions

Explore our FAQ for common inquiries about cannabis real estate law, and contact us for a consultation if we haven’t answered your question below.

What Is the “Green Tax” on Real Estate in Cannabis-Based Businesses?

Many cannabis entrepreneurs encounter what they call the “green tax” when buying or renting property. This term refers to the higher real estate-related costs they often pay, such as higher lease or purchase prices than other businesses. Additionally, they may face contingency or property-holding fees while waiting for licensure or conditional use permits to receive approval. Innovative cannabis real estate consultants are encouraging commercial property investors and owners to proactively solicit the market and take advantage of these premiums.

Your Harris Sliwoski attorney has the tough negotiation skills to help secure market prices or work out a revenue-based deal.

What Legalities Should I Consider When Looking for a Property for My Cannabis Business?

Numerous factors go into selecting the right property from a legal perspective. Chief among those is the jurisdictional regulations. For example, while recreational and medical use is legal in California, many counties prohibit cannabis-based business operations. Existing local codes have also struggled to keep pace with the changes, which can make the legal interpretation complex. Your Harris Sliwoski attorney is the best source of information on the regulations for any property on your radar.

Is It Better to Buy or Lease My Cannabis Business Property?

The answer depends on many factors, and both have pros and cons. Leasing may help your company get a better location if the property-for-sale inventory is low. It’s also generally more suitable for those with less funding since most traditional banks are reluctant to provide credit to this industry. Conversely, buying may be the best option for those with the capital, thanks to potential value increases in the future. Our team will help you evaluate your options to mitigate your business’s legal property-related risks.

Can You Help Me With a Property Lease or Purchase for My Cannabis Business?

Buying or leasing commercial property for a cannabis business comes with unique challenges. There may be prohibitive clauses or zoning questions to address. When these matters arise, you can count on your Harris Sliwoski attorney for tough negotiating and the legal expertise you need to resolve the issues.