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Landlords Marijuana

McGlinchey Stafford

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

McGlinchey Stafford on

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

Greenbaum, Rowe, Smith & Davis LLP

Will Rescheduling Cannabis Open the Industry to Increased Financing, Real Estate and Banking Opportunities?

On May 16, 2024, the U.S. Department of Justice (DOJ) issued its proposed rules to transfer cannabis from Schedule I of the Controlled Substances Act (CSA) to Schedule III of the CSA. The DOJ’s proposal follows the U.S....more

Whitman Legal Solutions, LLC

Marijuana Use and Fair Housing

This article discusses a recent District of Columbia (DC) case, which pitted a medical marijuana user against a neighbor who complained that marijuana smoke affected quiet enjoyment of her home....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

Bond Schoeneck & King PLLC

Issues for Property Owners: What To Do About Cannabis?

On March 31, 2021, New York passed the Marijuana Regulation and Taxation Act (the Act), joining a growing number of states that have legalized the recreational use of cannabis for adults. The immediate change brought about by...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

Pillsbury - Gravel2Gavel Construction & Real...

Operating an Adult-Use Cannabis Business in New York: Licensing and Considerations for Landlords and Tenants

Although cannabis is still classified as a controlled substance at the federal level, New York State recently enacted the Marijuana Revenue and Taxation Act (MRTA), a law legalizing adult-use cannabis within the state....more

Ballard Spahr LLP

Legalizing Marijuana in South Dakota: Implications for Employers and Landlords

Ballard Spahr LLP on

Summary - South Dakota has legalized recreational and medical marijuana. On November 3, 2020, South Dakota voters approved Initiated Measure 26 (Measure 26) to legalize medical marijuana and also passed Constitutional...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

Lowndes

Marijuana Tenants and the Effects on Landlord’s Rights in Bankruptcy

Lowndes on

Though states continue to legalize the use and sale of marijuana for medicinal and recreational uses, under federal law, marijuana remains an illegal “Schedule 1” drug pursuant to the Controlled Substances Act. ...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

Williams Mullen

The Williams Mullen Financial Services & Real Estate Quarterly Newsletter

Williams Mullen on

Goodbye LIBOR - Hello Operational Headache! A sea of change is on the horizon for benchmark interest rates as financial regulators respond to the need to replace the London Interbank Offered Rate (“LIBOR”). LIBOR has lost...more

Williams Mullen

Virginia Landlord Considerations for Tenant Use of Marijuana

Williams Mullen on

Although Virginia remains ones of the stricter states in the nation when it comes to marijuana use, the General Assembly has shown some movement toward loosening those restrictions. On March 9, 2018, a new law took effect...more

Brooks Pierce

What is Hemp? Is It Even Legal?

Brooks Pierce on

Hemp and cannabidiol (CBD) products are dominating the airwaves and the marketplace, and North Carolina has been at the forefront, ranking sixth in the nation in acres of hemp produced in 2018. Many predict that the market...more

Snell & Wilmer

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

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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

Foster Garvey PC

Short-Term Rental Update: Startup Recharge's ultra-short-term rental stays; the City of Victoria in British Columbia ramping up...

Foster Garvey PC on

The industry is exploring ultra-short-term stays (in increments of minutes or hours) under startup Recharge, which allow hotels to rent out rooms for less than one day to people who need space for a quick nap. Recharge...more

Pillsbury - Gravel2Gavel Construction & Real...

9 Dos and Dopes of Buying or Leasing Cannabis Real Estate

Throughout 2018, we have discussed the implications of the legalization of marijuana on the real estate industry. In this final year-end edition, we provide a few important considerations and recommendations for property...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

Bradley Arant Boult Cummings LLP

Coverage for Cannabis? How Cannabis’s Legal Limbo Affects Property Insurance Policies

A recent federal court of appeals’ decision raises interesting questions for all policyholders, particularly commercial and residential landlords with tenants that grow, possess, and/or distribute cannabis, even where it is...more

Fox Rothschild LLP

The Green Elephant In The Room: In Re Olson, 2018 WL 989263 (B.A.P. 9th Cir. Feb. 5, 2018)

Fox Rothschild LLP on

Is a landlord who accepts rent from a cannabis dispensary tenant entitled to bankruptcy relief in a federal forum? In In re Olson, 2018 WL 989263 (B.A.P. 9th Cir. Feb. 5, 2018), the Bankruptcy Appellate Panel for the Ninth...more

Foster Garvey PC

Is a Cannabis Lease Void as an Illegal Contract?

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A fundamental rule of contract law is that “illegal” contracts are not enforceable. But what constitutes an “illegal contract”? Generally speaking, an illegal contract is one where the performance of the contract results in...more

Goulston & Storrs PC

Marijuana Retailers – Are Private Clubs an Answer to Prohibitions on Public Use?

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In jurisdictions where recreational marijuana is legal, many retail entrepreneurs and commercial landlords want to understand how and if marijuana can be consumed in retail establishments.  In jurisdictions such as Colorado...more

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