Lease Headache

California Cannabis Leases: Assignment Headaches

Last month, I wrote a post explaining some of the issues buyers of cannabis businesses face when dealing with the landlords for the purchased business. In a nutshell, leases almost always contain clauses restricting assignment and subletting, and these clauses will often note that certain changes of control of the cannabis tenant are considered assignments

washington cannabis business foreclosure

When Loans Go Wrong: Washington Cannabis Property Foreclosures

It is difficult to talk about Washington cannabis grows without considering real estate issues for the many companies and individuals that lend or want to lend funds to cannabis businesses. As indoor cannabis growing facilities sprout throughout Washington state, a growing issue for both private and institutional lenders is which method of foreclosure to pursue

cannabis lease landlord marijuana

Cannabis M&A: Get to Know Your New Landlord

Getting to closing on a cannabis M&A transaction is always a hurdle (read about that process in detail here). There are always a lot more contingencies to closing for cannabis M&A transactions than for run-of-the-mill businesses that don’t operate in highly regulated fields (e.g., cannabis acquisitions will require approval from state and possibly local agencies).

california cannabis lease

California Cannabis Tenant Improvements: Top 7 Issues

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

new york real estate cannabis licensing

New York Real Estate and Cannabis – Part 2

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

new york cannabis real estate bank

New York Real Estate and Cannabis: Part 1

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

cannabis lease

The Perils of Bad Cannabis Leases

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

california cannabis lease

Cannabis Leases: Six Important Landlord Considerations

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