Cannabis Real Estate, Land Use, and Zoning Attorneys

Cannabis business owners across the U.S. have a series of local municipality regulations as well as state and federal laws to contend with.

While state agencies often have authority over initial land-use regulations, municipalities usually have the autonomy to make important real estate, land use and zoning decisions. These matters can greatly influence how and where you set up your business as well as the ongoing, day-to-day operations.

Often, municipalities in the same city or state opt for different ways forward for the cannabis industry within their jurisdictions or outrightly conflict with state guidelines. This can create confusion amongst the cannabis business community.

Both established and aspiring cannabis business owners must be aware of the relevant regulations and include the necessary provisions in their business plans.

The attorneys at Cannabis Law Solutions can assist with real estate, land use, and zoning issues, providing advice and insight upfront, assistance with permit applications, and representation if you face a dispute or other legal issue regarding these matters.

What real estate, land use and zoning issues can we help with?

Most cannabis business owners simply want clarity to be able to plan their businesses and remain compliant with the regulations.

This can be challenging in an industry that is so new and so tightly regulated at the local, state and federal level. Sometimes, local and state regulations conflict and lead to questions and disputes.

Real estate and land decisions usually form a major portion of the investment for business owners in the industry. Additionally, licenses to grow, process, or sell cannabis are usually tied to specific real property locations.

So, making informed decisions in these areas is critical. For instance, identifying and acquiring suitable real estate is necessary for the preparation, planning, and execution of almost any cannabis business in the U.S.

Our attorneys can help ensure that the decisions made are in your best interests. We offer the following services:

  • Performing due diligence on property feasibility
  • Checking water and power suitability
  • Negotiating a lease for your cannabis business
  • Purchasing property for your cannabis licensing application
  • Title and deed review
  • Land use planning, applications and compliance
  • Variance applications (if you need an exception to the building or zoning rules)
  • Site plan applications
  • Obtaining special permits
  • Appeals against adverse land-use decisions
  • Disputes over easements and neighbor relations
  • Tenancy disputes
  • Environmental concerns
  • Landmark preservation and historic districts
  • Real estate valuations for existing properties
  • Representation in foreclosure proceedings

The above matters are often complex and time-consuming, requiring considerable industry knowledge and experience to navigate.

To avoid falling foul of the regulations and to ensure that your proposed cannabis facility is permitted, you may require considerable research and analysis of the local land use ordinances. Sometimes, special approvals or “variances” are required and we can help you with these.

Our attorneys will ensure that the due diligence is done before you make any key decisions regarding real estate, land use or zoning.

If you have already been informed by local authorities that you have violated the regulations, we may be able to take up your case with the relevant authorities, file an appeal, advise on how to fix the issue, and generally fight for your best interests.

We can also represent you in real estate litigation, assisting with breach of contract issues, disputes over contract deposits, and other legal matters if necessary.

Commercial lease agreements

A signed purchase or lease agreement is likely to be a major component of the license application approval process AND a major cost of running your cannabis business.

It is essential to fully protect your interests during the lease agreement process and to avoid unnecessary disputes and enforcement issues from the local authorities.

Our attorneys can assist with drafting commercial lease agreements that help you obtain the relevant license and safeguard the long-term future of your business.

Get help with real estate, zoning, and land use issues

Whether you are growing, manufacturing, retailing or otherwise part of the burgeoning cannabis industry, the decisions you make concerning real estate and land are likely to be of prime importance.

Our cannabis business attorneys can help you make the right decisions and avoid legal issues and disputes.

For informed legal advice, call 866-329-0729 for a consultation with a knowledgeable cannabis attorney at Cannabis Law Solutions.

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How will our cannabis services help you?

Cannabis business entity formation

Whether you are looking to form a limited liability company (LLC) or a corporation, our experienced business lawyers can discuss the pros and cons of both and help you incorporate your business with the optimal structure to achieve your goals.

Cannabis business licenses

If you want to run a cannabis business, you will need a valid business license issued by your state authority as well as local permits. Eligibility criteria are likely to be stringent and we can help you navigate the often-complex license application process.

Cannabis corporate documentation

Whether you need to prepare for a license application, transfer of business ownership, change of corporate structure, transfer business location, or another business process, we can help you identify and draft the documentation you need to operate legally in your state.

Cannabis administrative law

State authorities watch licensed and unlicensed cannabis businesses closely. If you violate regulations, you could face an administrative penalty. Our attorneys can provide representation or help you prepare for an administrative hearing, settlement conference or appeal.

Cannabis disputes and litigation

Whether you have a dispute with another business, a legal issue with one of your partners or a licensing or administrative issue, you may need legal assistance to help resolve it. We are adept at alternative dispute resolution methods as well as civil litigation.

Regulatory compliance

As the cannabis industry emerges in states around the U.S., it is more heavily regulated than most other industries. We can help your business navigate the red tape and plan to stay on the right side of the regulatory authorities in whichever state you are based.