News & Analysis as of

Commercial Leases Marijuana Related Businesses

McGlinchey Stafford

Podcast: Securing Retail Space for Your Cannabis Business [More with McGlinchey, Ep. 68]

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This is the second episode in More with McGlinchey's two-part series on the ins and outs of retail space in the cannabis industry. Obtaining retail space for any small business is a big move. There are many issues to...more

Harris Beach PLLC

Marijuana Company MedMen Claims it Operates Illegally to Avoid Rent

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While many continue to push for the federal legalization of cannabis, one cannabis company is strategically using its illegality as a shield. The strange case of Thor 942 Fulton St., LLC v Future Transactions Holdings, LLC...more

Husch Blackwell LLP

So You Want to Rent To A Cannabis Tenant? Nine Considerations for Retail Landlords

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The United States’ retail cannabis industry continues exploding, and it doesn’t show any signs of slowing down. These numbers are guaranteed to change after this Tuesday’s election, but as of October 2022, 37 states have...more

Ward and Smith, P.A.

Real Estate Leases in the Hemp and Cannabis World

Ward and Smith, P.A. on

The last several years have seen hemp and cannabis journey from their traditional treatment as substances controlled at the state and federal levels, on penalty of criminal prosecution, to a more legally and socially accepted...more

Obermayer Rebmann Maxwell & Hippel LLP

Commercial Leasing and the Cannabis Market

​​​​​​​Currently, 38 states (including Pennsylvania and New Jersey) have legalized the use of marijuana for medical use and 19 states (including New Jersey) have legalized its use for recreational purposes. However, under...more

Clark Hill PLC

Two Fundamental Clauses in a Commercial Marijuana Business Lease

Clark Hill PLC on

A fundamental component to any marijuana business portfolio is the business’ underlying relationship with the real estate property upon which the license is located. In a best-case scenario, a business would hold title to the...more

Goulston & Storrs PC

Law of the Land - Real Estate Litigation Newsletter - September 2021, Volume I, Issue IX

Goulston & Storrs PC on

CASES OF NOTE - UPHILL BATTLE FOR RETAIL CANNABIS APPLICANTS  - Mederi, Inc. v. City of Salem, 488 Mass. 60 (2021) Summary: In Mederi, Inc. v. City of Salem, the Massachusetts Supreme Judicial Court grappled with...more

Vicente LLP

Leasing Due Diligence Checklist for California Cannabis Businesses

Vicente LLP on

For any new commercial business, the decision to purchase or lease a building is an important one—even more so for the cannabis industry. While buying a building may be appropriate for a well-capitalized cannabis business...more

Seyfarth Shaw LLP

Tale of Two Cities: Cannabis and Commercial Real Estate

Seyfarth Shaw LLP on

Recently, I had the opportunity to moderate panels on cannabis and commercial real estate at programs held in Los Angeles and Chicago.  I won’t say it was the best of times or the worst of times, but I will say “it was the...more

Tonkon Torp LLP

Things To Think About For Commercial Cannabis Leases In Oregon

Tonkon Torp LLP on

Commercial property owners and tenants often ask their lawyers for a "form lease." But no form will fit every situation, and this is particularly true when the tenant is a cannabis business. Because cannabis remains...more

Snell & Wilmer

Is a Bankruptcy Plan that Violates Federal Criminal Law Proposed in Bad Faith?

Snell & Wilmer on

Although legal in many states, marijuana remains illegal under federal criminal law. See 21 U.S.C. § 856(a)(1). One would think that engaging in illegal activity under federal criminal law would preclude relief under federal...more

Farella Braun + Martel LLP

[Event] Cannabis Leasing: How to Protect Your Interests as Landlord or Tenant - October 23rd, San Francisco, CA

Real estate leasing to cannabis businesses requires more than a standard lease to ensure the relationship goes smoothly and that both parties get what they expect. There are a number of unique clauses to consider in drafting...more

Dechert LLP

Securitizing Marijuana Dispensary Properties in the Sessions Era

Dechert LLP on

In 2013, the Obama administration issued the Cole Memorandum, which called a truce between federal prosecutors and marijuana businesses operating legitimately under state law. After regime change in Washington, however, it...more

Lewitt Hackman

FRANCHISEE 101: Cannabiz Accounting

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Tax service franchisor, H&R Block, was recently vindicated in having terminated a franchisee for violating an in-term non-compete covenant. A United States District Court granted the franchisor summary judgment in Devore v....more

McAfee & Taft

Obtaining commercial licenses for medical marijuana in Oklahoma

McAfee & Taft on

With the recent passage of State Question 788 (authorizing the production, sale, and use of medical marijuana), the Oklahoma State Department of Health (OSDH) is poised to adopt implementing regulations. The current draft...more

Burns & Levinson LLP

Don’t Make a Federal Case Out of It

Burns & Levinson LLP on

Crimson Galeria Limited Partnership et al (the Plaintiffs) vs. Healthy Pharms, Inc. et al (the Defendants), in Civil Action No. 1:17-cv-11696-ADB (the Complaint), which is currently pending in the United States District Court...more

Burns & Levinson LLP

Cannabis in the Commonwealth: What Are People Saying?

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I recently attended the New England Real Estate Journal’s “Cannabis: The Next Phase in Commercial Real Estate” summit, which brought together a number of local players for networking and a high-level discussion of where the...more

Farella Braun + Martel LLP

Working With a Commercial Cannabis Tenant

The emergence of legalized marijuana for recreational adult use in California, beginning in some counties as early as January 2018, will require those involved in commercial real estate to continue to consider the pros and...more

Pullman & Comley, LLC

Property Tax and Valuation Topics - Fall 2017

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Property Assessment Class Action Fails - On previous occasions, the editors of Property Tax and Valuations Topics have noted that Connecticut courts tend to be rather strict in requiring property owners to pursue statutory...more

Holland & Knight LLP

West Coast Real Estate Update - May 2017 - #2

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Federal Court Upholds Termination of Navy Lease Bid Due to Environmental Concerns - In Open Spirit, LLC v. United States, No. 15-370C (Fed. Cl. filed April 28, 2017), the U.S. Court of Federal Claims upheld the...more

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