Developers of cannabis projects in California want to turn projects around as quickly and cheaply as possible, and are frequently frustrated by the amount of time, money, and effort required for the entitlement process. On Wednesday, February 26, a panel of real estate development experts will explain the entitlement process in California at a LACBA
Real Estate
Receivership and Distressed Cannabis Assets in California
Succeeding in the cannabis industry is not easy, especially in California. Complex regulation, high taxes, expensive real estate, and competition with the black market are just a handful of factors that challenge cannabis businesses. The majority of players lack sufficient reserves and agility to stay in the game. Due to the substantial upfront costs required…
Cannabis Real Estate Leases Part 2: Lease Audits and Lease Abstracts
In a cannabis business, like most other businesses, “location, location, location” means everything and dictates whether you have the optimal growing, manufacturing, processing, or retail location. Once you find your perfect location, having a great lease and understanding your lease are two crucial parts in solidifying this important business foundation. In this post, I share…
California’s New Housing Laws and Cannabis in Residential Leasing
Recently, Governor Newsom signed 18 bills aimed to combat the housing crisis in California, including the Tenant Protection Act of 2019.
When I spoke at the California Association of Realtor’s Legal Affairs conference a couple of weeks ago, I was asked whether cannabis activity could be considered grounds for “just cause” eviction under the…
Hemp is Driving Real Estate Action and It’s Not Just Farms
It’s common to see articles these days related to the positive economic impacts of hemp legalization. Most of these articles focus on job creation, opportunities for farmers, or opportunities for businesses chasing the CBD craze. One thing that has been interesting to me, though–and which seems to have attracted less attention–is the way that…
Anatomy of a Cannabis Insurance Policy, Part 1: The Basics
Insurance in the cannabis industry is big business, and business owners need to know what policies are available and what those policies cover. Why? Because in insurance policies, like all other business contracts (e.g. leases), the risk of a business venture is divided between the contracting parties. Your insurance policies are contracts where you…
Cannabis Real Estate Leases: The Roots of Your Cannabis Business, Part 1

Whether you are a landlord, tenant, or subtenant in the cannabis industry, you need a first-rate cannabis lease. The structure of the leasing relationship and the terms of the lease are key components, both for getting funds out of the primary business and mitigating…
Evidence-Based Research Suggests Allowing Cannabis Storefront Retail Benefits Neighboring Property Values, Public Health and Safety
In 2016, California voters approved Prop 64, the Adult Use of Marijuana Act, by nearly 2 million votes. In addition to legalizing adult use and possession of cannabis, the law creates a statewide regulatory regime for commercial cannabis activity, but also provides discretion to local jurisdictions to prohibit or restrict such businesses. Almost 18 months…
California Proposed Williamson Act Changes Could Expand Availability of Cannabis and Hemp Farmland

California legislators have so far proposed more than 40 new cannabis laws for the 2019 session, ranging from cannabis tax reductions to banking reforms to party buses. But one bill stands out as a potentially important change to cannabis and hemp cultivation throughout the state:…
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…