Leasing to a Cannabis-Related Business: Banking, Permitting, Zoning, Rent, Indemnification, and Insurance

An encore presentation with live Q&A.

Recording of a 90-minute premium CLE video webinar with Q&A

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Conducted on Wednesday, August 18, 2021

Recorded event now available

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Course Materials

This CLE course will advise counsel on preparing and negotiating commercial leases for the growing number of property owners seeking to lease to a cannabis-related business as the cannabis industry expands. The panel will discuss common issues that arise, including the structuring of rent, banking restrictions, permits and zoning, and insurance and related risk management.

Description

With some form of cannabis use legalized in most of the U.S., commercial property owners are increasingly presented with opportunities to lease to cannabis-related businesses. State regulations legalizing CBD, hemp, and recreational and medical cannabis, as well as conflicting federal laws, require real estate and business attorneys to consider a variety of complex rules to draft or modify cannabis-related commercial leases effectively.

The unique challenges and opportunities inherent in leasing to cannabis-related businesses require counsel to reevaluate standard commercial lease terms and amend provisions such as rent structuring, licensing, zoning, permitted use of the premises, compliance with laws, inspection rights, law enforcement, and personal guarantees.

Listen as our panel advises counsel on preparing commercial leases for the growing number of property owners seeking to lease to a cannabis-related business as the cannabis industry expands. The panel will discuss common issues that arise, including the structuring of rent, banking restrictions, permits and zoning, and insurance and related risk management.

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Outline

  1. Overview of state laws related to leasing to cannabis-related businesses
  2. Standard lease provisions to address
    1. Rent structuring
    2. Licensing
    3. Zoning
    4. Permitted uses
    5. Compliance with laws
    6. Inspection rights
    7. Assignment and subletting
    8. Federal asset forfeiture
    9. Change of laws
  3. Additional concerns
    1. Banking
    2. Insurance coverage
  4. Practical considerations

Benefits

The panel will review these and other key items:

  • Drafting and updating standard lease terms to reflect cannabis-related business tenant issues
  • Developing a comprehensive plan to address specific issues relevant to cannabis-related businesses
  • Lease terms that accurately reflect state regulations and the federal prohibition of cannabis

An encore presentation with live Q&A.

Faculty

Bench, Jonathan
Jonathan Bench

Attorney
Harris Bricken Sliwoski

Mr. Bench is chair of the firm’s corporate practice group, where he helps public and private companies with...  |  Read More

Palmese, Christopher
Christopher J. Palmese

Partner
Seyfarth Shaw

Mr. Palmese’s practice focuses on the representation of purchasers, sellers, investors, developers, lenders,...  |  Read More

Sampson, Michael
Michael H. Sampson

Partner
Leech Tishman Fuscaldo & Lampl

Mr. Sampson focuses his insurance coverage practice on assisting policyholders across various industries to address and...  |  Read More

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