Leasing to a Cannabis-Related Business: Banking, Permitting, Zoning, Rent, Indemnification, and Insurance
A live 90-minute premium CLE video webinar with interactive Q&A
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 well as counsel for cannabis-related businesses who need to lease space, as the cannabis industry expands. The panel will discuss common issues that arise, including the structuring of rent, banking restrictions, permits, and zoning, as well as insurance and related risk management.
Outline
- Overview of federal and state laws related to leasing to cannabis-related businesses
- Standard lease provisions to address
- Rent structuring
- Licensing
- Zoning
- Permitted uses
- Compliance with laws/representations and warranties
- Inspection rights
- Assignment and subletting
- Federal asset forfeiture
- Change of laws
- Additional concerns
- Banking
- Insurance coverage
- 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
Faculty

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
Mr. Bench is chair of the firm’s corporate practice group, where he helps public and private companies with international and domestic business transactions. His clientele includes companies from Asia, Europe, Africa, and the Americas. He co-hosts the firm’s weekly Global Law and Business podcast, which covers legal and economic business developments around the world. He is a regular contributor to the award-winning China Law Blog and the award-winning Canna Law Blog, where he shares his practical insights into doing business internationally and in the cannabis and emerging products industries. Mr. Bench regularly presents to business owners and organizations regarding international business transactions, particularly foreign direct investment and the international cannabis trade.
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Avrohom Colev Posen
Attorney
Seyfarth Shaw
Mr. Posen represents clients in connection with their acquisition, disposition, financing, and leasing of various real... | Read More
Mr. Posen represents clients in connection with their acquisition, disposition, financing, and leasing of various real estate asset classes, including multifamily, commercial, vacant development parcels, and shopping centers.
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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
Mr. Sampson focuses his insurance coverage practice on assisting policyholders across various industries to address and resolve complicated insurance coverage matters relating to commercial general liability policies, property insurance, management liability coverages, and many other types of insurance, such as cyber liability, hull and marine liability, specie insurance and pollution liability insurance. While he routinely counsels clients at various stages on a wide range of insurance coverage matters, a significant portion of his practice is dedicated to litigating coverage claims against insurance companies and/or third-party claims administrators.
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