Real estate is one of the biggest hurdles cannabis businesses face in California. Zoning rules are hyperlocal, land use processes are political, and one wrong step can derail your entire operation. At Seligson Law, our cannabis law team is here to make sure your project stays legally and locally compliant at every stage.
Real Estate and Land Use Guidance for Cannabis Operators in California
Real estate can make or break a cannabis business. From zoning restrictions to buffer zone requirements, many deals fall apart because the legal groundwork wasn’t properly handled from the start. At Seligson Law, we help you secure the right location and protect it long-term.
We advise cannabis tenants, buyers, landlords, and developers on a wide range of real estate and land use issues, including:
- Zoning & Local Approvals: We help you confirm that your proposed use is allowed under local rules, prepare CUP or entitlement applications, and engage with city staff or elected officials as needed. We’ve guided clients through land use processes in some of California’s most complex cannabis jurisdictions.
- Leases & Purchase Agreements: We draft and negotiate real estate contracts that reflect cannabis-specific risks and regulatory needs, including early termination, licensing contingencies, and access rights.
- Land Use Compliance: We help you understand and meet site-specific requirements like buffer zones, parking minimums, and neighborhood impact rules and act quickly if an issue threatens your license or operations.
- Landlord-Tenant Issues: We represent both landlords and cannabis tenants in resolving disputes, renegotiating lease terms, and ensuring property use complies with state and local regulations.
Because real estate and land use issues can impact your license, we bring a regulatory-first approach. We look at every decision through the lens of cannabis law so you don’t lose time, money, or your ability to operate legally.
Our California Cannabis Real Estate & Land Use Process
At Seligson Law, we help you move through the legal side of real estate with clarity and speed. Here’s how we typically work with cannabis businesses:
Site & Project Review
We review your proposed site, project goals, and licensing plan to identify any local zoning, land use, or permitting concerns.
Deal Structuring & Documentation
We negotiate and draft cannabis-compliant leases or purchase agreements that protect your business from regulatory disruptions and reduce long-term risk.
Land Use Applications & Hearings
We prepare land use documents, engage with local planning departments, and represent you at public meetings to help move your project forward.
Ongoing Support & Issue Resolution
We provide legal support as your business grows—helping with lease renewals, land use compliance, or disputes that may arise between landlords, tenants, or local agencies.
FAQs
Can I open a cannabis business in any commercially zoned property?
No. Cannabis use is heavily restricted and varies by city and county. Many jurisdictions have designated zones, buffer requirements from schools or parks, or limits on the number of licenses in a given area. We’ll help you determine whether your site qualifies before you invest.
What should a cannabis lease include?
Cannabis leases should address local licensing timelines, early termination clauses, odor mitigation, insurance requirements, and right of entry for inspections. We draft leases that reflect both business needs and cannabis-specific regulatory issues.
Can I buy property before I have a license?
Yes, but the purchase agreement should include contingencies tied to licensing approval and land use approvals. Without them, you risk getting stuck with property you can’t legally use.
What happens if my land use application is denied?
You may have options to appeal, modify the proposal, or pursue alternate sites. We can review the reasons for denial and help you assess your next move strategically.
Do landlords face risk when leasing to cannabis tenants?
Yes, especially if the lease isn’t drafted properly or the property isn’t compliant with local laws. We advise landlords on how to lease to cannabis tenants legally and reduce exposure to enforcement, nuisance claims, or property damage. If a landlord’s property is subject to a federally backed mortgage, there is a risk that the lender could call the loan due or require removal of the cannabis tenant, either during the loan term or as a condition of refinancing.
Contact Seligson Law About Cannabis Real Estate & Land Use Issues
In California, cannabis real estate is a regulatory and political issue. We know the rules, the process, and the players. Let’s work together to get your project approved and off the ground. Reach out today to get started.
