Cannabis: Guidance for Real Property Owners (MA)

Summary

This practice note provides guidance to real property owners engaged in the cannabis business in Massachusetts. For purposes of this practice note, real property owners may either be owner-operators or unaffiliated owners who lease to cannabis tenants. Owner-operators refer to property owners who have some form of ownership or percentage stake in the business of the tenant. Unaffiliated owners refer to property owners who have no such ownership or percentage stake. Either way, the cannabis industry is highly regulated at the federal, state, and local level, therefore any real property owner must be equipped and prepared to confront a wide variety of legal concerns. This practice note will cover key considerations for real property owners who are leasing to, and in some cases participating in, a cannabis business operated by their tenant in Massachusetts.