Every single business that wants a cannabis license in California needs to buy or lease property, because licenses are tied to properties. Cannabis businesses usually opt for leases rather than purchases given the uncertainties in getting licensed or succeeding in business, and sometimes capital constraints. As part of the licensing process, state and local agencies
So you’re interested in applying for an adult-use cannabis license once the Cannabis Control Board (CCB) issues the license application. One of the first decisions an applicant needs to make is where they intend to operate. As we referenced in our earlier posts on the Marijuana Regulation and Taxation Act (MRTA) and Part 1 of
Buying a cannabis business does not occur in a matter of days, and transactions fall apart for a variety of reasons, as we discussed in Part 1 of this blog series focused on the buy-side of a cannabis M&A transaction. In Part 2, we focused on the regulatory environment, discussing concepts that first-time buyers and their attorneys should
Over the last few weeks we have seen a number of articles about New York’s Marijuana Regulation and Taxation Act (MRTA) written by attorneys based outside of New York or (worse yet) attorneys who are not licensed to practice law in New York. We have been pretty “vocal” about the importance of selecting the right
Here at the Canna Law Blog, we had intended to start our series on the real estate implications of the Marijuana Regulation and Taxation Act (MRTA) with a discussion of issues faced by each license type. But after reading The New York Times’ recent article on the real estate “rush” caused by the MRTA, we
The landlord-tenant relationship is probably the most challenging relationship in the cannabis industry. We’ve seen a lot of deals go south over the years, and while partnership disputes are very common, landlord-tenant disputes are also frequent and in some cases are even more common than partnership disputes. There are a lot of factors at play
Last year, I wrote a post entitled “Cannabis Leases: Eight Important Tenant Considerations“. The post outlined eight of the more important considerations for tenants entering into cannabis leases. Today, I want to focus on some of the top considerations for landlords in leasing to cannabis tenants. 1. Compliance with Mortgages Landlords that do not outright
Between COVID-19 and the wildfires it has been quite a year for Oregon cannabis. One the one hand, sales were up significantly through mid-summer, on the other hand, many growers, especially in southern Oregon and Lane County were significantly adversely affected by the wildfires that consumed much of the State. As we wrote about in
In a word, yes. A lawsuit recently filed in Jackson County, Oregon by a tenant alleges that his landlord has wrongfully evicted him from a warehouse containing 36,000 pounds of hemp, which the plaintiff alleges will be worth $1.5 million when processed, and 500 pounds of trimmed flower with a market value of $175,000. (Marks
Buying and selling Oregon cannabis properties can be pretty interesting. We have helped negotiate and paper a ton of these sales going back to 2015 or so. The deal book includes everything from small commercial lots in the City of Portland (for retail dispensaries) to large sawmill properties in Southern Oregon (for hemp processing conversion).
