Reclassifying Cannabis, and Its Possible Impacts on Real Estate Transactions

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Today the hosts of “Terra Firma: Conversations on Commercial Real Estate,” discuss how the proposed reclassification (or “rescheduling”) of cannabis may impact cannabis businesses and their real estate holdings, especially with respect to financing and leasing.

Real estate attorneys Stacey Tyler (who also serves as deputy chair of Lowenstein’s Cannabis Practice) and Stephen Tanico discuss how the current classification of cannabis as a Schedule I drug under the Controlled Substances Act has led to a patchwork of laws across the country governing cannabis, and how the recent proposal to reclassify it down to Schedule III may impact different facets of the real estate world including the bargaining power of tenants in lease negotiations, licensing procedures, insurance, and the availability of mainstream financing sources.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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