Blunt Counsel on Marijuana Business Premises' Leasing

Vol. 5, Issue 5, TYL In Focus: Real Estate (June, 2018)

3 Pages Posted: 22 Aug 2018 Last revised: 15 Jan 2019

See all articles by Michael N. Widener

Michael N. Widener

Bonnett, Fairbourn, Friedman & Balint; Embry-Riddle Aeronautical University

Date Written: June 26, 2018


An abridged version of this 3-page article on those persons and entities property owners must consult before leasing to a marijuana business enterprise appears in the June, 2018 digital publication of TYLs In Focus: Real Estate issue, published by the Young Lawyers Division of the American Bar Association. The young lawyer must familiarize herself with the gamut of stakeholders in marijuana business property operation, and their respective agendas. Until that happens, she must know what questions to ask each stakeholder (including lenders, insurers, property owners' associations and zoning administrators) to prevent awkwardness, loss of property protections and perhaps litigation sucking the wind from a promising leasing transaction. Forewarned is forearmed, and no one involved in these complicated transactions wants a forearm shiver delivered to his head. Young lawyers must anticipate a variety of challenges in putting together these Cannabis commerce deals, and work cooperatively with various stakeholders in finding common ground for implementing marijuana-based operations.

Keywords: marijuana business, commercial leases, lenders, restrictive covenants, property insurance, marijuana leases, marijuana tenant

JEL Classification: K11, K12, K23

Suggested Citation

Widener, Michael N., Blunt Counsel on Marijuana Business Premises' Leasing (June 26, 2018). Vol. 5, Issue 5, TYL In Focus: Real Estate (June, 2018). Available at SSRN:

Michael N. Widener (Contact Author)

Bonnett, Fairbourn, Friedman & Balint ( email )

2325 East Camelback Road
Suite 300
Phoenix, AZ 85016
United States

Embry-Riddle Aeronautical University ( email )

Prescott, AZ 86301
United States

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