Top Five Suggested Revisions to California Form Leases for Cannabis Tenants

I cringe every time a form lease comes across my desk for a California cannabis tenant. While C.A.R. and A.I.R. lease forms certainly have their advantages (brokers and veteran landlords are comfortable with them, and they can be cheap and efficient if the transaction is simple), because of the complexity involved in leasing to cannabis…

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Cannabis Real Estate Evolution: What you need to consider
By Jacques Santucci The cannabis industry is evolving rapidly and so is your view of the real-estate market From coast to coast, America’s real estate markets are facing considerable shifts due to the advent of the legal cannabis industry, prompting once derelict store fronts and industrial warehouses to skyrocket... Read more
Qualified Opportunity Zones and Cannabis

Qualified Opportunity Zones, which provide a tremendous benefit to investors and low income communities, are the hot new topic in the real estate investment world. The cannabis industry is buzzing about investment opportunities in these zones, but we remain skeptical about the ability of cannabis business activity to qualify for the benefits under this new…

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Navigating California Cannabis Leases in 2019

We’ve previously written about some of the pitfalls for landlords to avoid when leasing to commercial cannabis tenants in California. We’ve also recently discussed some relevant issues for landlords created by the state’s near-final regulations. And we’ve also looked at some of the biggest uncertainties remaining after the state issued those regulations. Now that we…

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California Cannabis Landlords: More Regulatory Snags to Avoid

We’ve previously written about some of the pitfalls for landlords to avoid when leasing to commercial cannabis tenants in California. We’ve also written about how the state’s recently proposed modifications to its final cannabis regulations could affect licensees and the industry writ large (see here, here, and here). The comment period for those rule changes…

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California Cannabis Development Agreements: Part Three

This is the third post in our three-part series on development agreements in California. In our first post we provide an overview of the use (and misuse) of development agreements in the cannabis industry. The second post breaks down the basics of development agreement laws. Here, we will discuss the key terms to include and what…

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California Cannabis: New Law Allows Municipalities to Fine Landlords Without Notice
AB 2164 may create surprises for cannabis landlords. Prior to the enactment of AB 2164, California law required cities and counties to grant a person responsible for a continuing municipal code violation a reasonable time to remedy the violation before the city or county could impose fines or penalties when... Read more
The Neighborhood “Gangbusters”: Avoiding RICO Cannabis Lawsuits
RICO suits are not just busting up gangs these days. The Racketeer Influenced and Corrupt Organizations Act (RICO) is a federal Nixon-era law originally intended to combat drug cartels and organized crime. Among other features, it allows average citizens claiming a loss in property value to bring suit for... Read more
California Cannabis Development Agreements: Part Two
Development agreements are a unique process. This is the second post in our three-part series on California development agreements. In our first post we provided an overview of the use (and misuse) of development agreements in the cannabis industry. This post breaks down the basics of development agreement laws.... Read more
California Cannabis Development Agreements: Part One
California municipalities are missing the mark on development agreements. Development agreements have become a popular tool for California municipalities regulating commercial cannabis activities. We’ve talked a bit about development agreements in the cannabis context here. In a nutshell, a development agreement is a contract between a municipality and developer that... Read more
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