Leasing to a Cannabis-Related Business: Banking, Permitting, Zoning, Rent, Indemnification, and Insurance
Recording of a 90-minute premium CLE video webinar with 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
Partner, Chair Corporate Practice Group
Harris Sliwoski
Mr. Bench helps entrepreneurs, companies, and venture capital and private equity funds with international and domestic... | Read More
Mr. Bench helps entrepreneurs, companies, and venture capital and private equity funds with international and domestic business transactions. His clientele stretches across Asia, Europe, the Middle East, Africa, and the Americas. National and global trade organizations regularly invite Mr. Bench to speak regarding international business transactions, particularly foreign direct investment to and from the U.S. and China. He is an emerging legal expert in the fast-moving and complex web3 ecosystem, including business and regulatory issues surrounding decentralized autonomous organizations (DAOs), smart contracts, decentralized finance (defi), cryptocurrencies, coins, and tokens, including non-fungible tokens (NFTs). He has worked on wide-ranging blockchain projects involving various international DAO communities, NFT artists and studios, layer-2 blockchain developers, metaverse companies, and celebrity brand influencers.
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Christopher J. Palmese
Partner
Seyfarth Shaw
Mr. Palmese’s practice focuses on the representation of purchasers, sellers, investors, developers, lenders,... | Read More
Mr. Palmese’s practice focuses on the representation of purchasers, sellers, investors, developers, lenders, tenants, and landlords in all facets of their commercial real estate portfolios. He was selected to the 2018, 2019 and 2020 New York Metro Rising Stars list published by Super Lawyers (Thomson Reuters).
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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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