News & Analysis as of

Marijuana Commercial Leases

Harris Beach Murtha PLLC

Cannabis Real Estate: Gating Issues in Retail Dispensary Site Selection

New York State legalized the use, sale, and production of recreational cannabis on March 31, 2021, by way of the Marijuana Regulation and Taxation Act (MRTA). As of May 2025, New York State has issued more than 1,600 licenses...more

Miller Starr Regalia

JCCrandall, LLC V. County Of Santa Barbara: Will A Dispute Over The Use Of An Easement Send The Concept Of Legal Cannabis...

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Cannabis is a multi-billion-dollar industry in California. For many years now, cannabis businesses have operated pursuant to state law, obtaining licenses and permits and entering into contracts to carry out cultivation,...more

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

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

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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

Clark Hill PLC

Two Fundamental Clauses in a Commercial Marijuana Business Lease

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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

Harris Beach Murtha PLLC

Recent Updates Affecting the Retail, Restaurant & Hospitality Industry

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Marijuana and Zoning: Lack of Guidance Creates Unknowns…  On June 22, 2021, Governor Lamont signed Senate Bill 1201 into law. The bill, entitled “An Act Concerning Responsible and Equitable Regulation of Adult-Use...more

Royer Cooper Cohen Braunfeld LLC

The Do’s and Don’ts of Leasing Medical Marijuana Dispensaries in Pennsylvania

Nearly five years ago, Pennsylvania Governor Tom Wolf signed into law Pennsylvania’s Medical Marijuana Act (Act 16). Since that time, the Pennsylvania Department of Health (DOH), the agency responsible for issuing licenses...more

Vicente LLP

Leasing Due Diligence Checklist for California Cannabis Businesses

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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

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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

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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?

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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

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

McAfee & Taft

Obtaining commercial licenses for medical marijuana in Oklahoma

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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

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

Best Best & Krieger LLP

Medical Marijuana and Commercial Real Estate in California and Beyond

BB&K attorney Seena Samimi discussed in a Lawline presentation how conflicting medical marijuana laws impact commercial real estate owners, and what they should know in leasing to dispensaries. Real estate impacts...more

Ervin Cohen & Jessup LLP

Medical Marijuana Dispensaries and Commercial Real Property Lenders—What is the Dope?

Numerous articles have been published about medical marijuana dispensaries. In fact, I read in an article last week that a bipartisan coalition of members of the House of Representatives recently voted to restrict the Drug...more

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