Real Estate & Land Use

Cannabis business owners face unique legal issues relating to real estate due to the conflict between state and federal law regarding cannabis legalization.  Since licenses to grow, process, or sell cannabis are usually tied to a specific real property location, cannabis businesses often need real estate help.  

Our NJ real estate attorneys collectively bring over 40 years of experience in practicing real estate law and bring a wealth of knowledge to the cannabis space.  Most recently, we represented a landlord in a commercial lease negotiation with Garden State Dispensary for the ATC’s satellite location. 

Whether it’s negotiating a cannabis specific lease or purchasing property for a cannabis licensing application, our law firm can help you navigate the unique real estate issues facing cannabis businesses including:

  • Due diligence on property feasibility
  • Land use applications – variances, sub divisions, site suitability and rezoning
  • Cannabis specific lease provisions and lease negotiations
  • Understanding water and power availability
  • Disputes over easements and neighbor relations
  • Title and deed review
  • Real estate values for existing operations
  • Foreclosure -representing property owners and lenders in all aspects of foreclosure proceedings
  • Landlord/Tenant – prosecuting and defending eviction actions
  • Real estate litigation – breach of contract, disputes over contract deposits, fraud and property damage
  • Real estate closings – purchases and sales
  • Refinance transactions
  • Commercial and industrial real estate transactions
  • Loan modifications and forbearance agreements on behalf of both borrowers and lenders
  • Short sales
  • Property tax certificate foreclosures

Contact Eric D. Reiser to schedule an appointment to discuss your cannabis business venture or litigation matter.

Cannabis Law Disclaimer 

Please be aware that marijuana remains a Schedule I controlled substance; possessing, using, manufacturing, distributing, and/or selling marijuana or marijuana-derived products is illegal under federal law notwithstanding the existence of any state law to the contrary. No legal advice given by LoFaro & Reiser, LLP is intended to provide any guidance or assistance in violating federal law nor will it provide any guidance or assistance in complying with federal law. By reading this overview, you understand there is no attorney/client relationship between you and LoFaro & Reiser, LLP  unless evidenced by an executed legal engagement letter. Although federal policy may, at times, recommend enforcement discretion when a business or individual is in compliance with existing state marijuana law that is deemed to comply with federal enforcement priorities, it is important to understand that compliance with state law does not equal compliance with, confer any immunity from, or provide any shield from prosecution under federal law. At any time, federal and/or state law and policy may change either to enhance or inhibit the cannabis industry.