Commercial Investment Real Estate Winter 2020 | Page 24

Modern cannabis retail outlets are well-lit and open, aiming for a more comfortable, inviting environment. It’s essential to be well-versed in both state and municipal laws and ordi­nances governing the business, because they are the primary tools for regulating where and how the businesses can operate. who are leasing is whether the landlord holds a mortgage on the property, because most mortgages bar federally illegal activ- ity on the property, which would encom- pass cannabis sales. And then there are the neighbors. In any building, says Brandt, it’s necessary to examine what lease controls co-tenants have. If the property is part of a shopping center, it’s necessary to check the covenants, conditions, and restrictions document to make sure a dispensary isn’t expressly prohibited. He adds that even if cannabis isn’t mentioned specifically, busi- nesses may run into resistance from anchor tenants in the center. “Once you apply all those filters to properties, it’s challenging to find a 22 COMMERCIAL INVESTMENT REAL ESTATE MAGAZINE compliant piece of real estate,” Brandt says. Berger says that she owns a building in Sil- ver Spring, Md., that’s leased to a dispen- sary; when she initially started looking at locations there more than three years ago, “there were three choices in the entire town.” This can lead to competition for available locations, and Berger says she’s seen many examples of bidding wars and escalated ask- ing prices for rents. Because of the changing nature of cannabis laws, standard commercial lease agreements may not be adequate to address specific risks related to cannabis business. Lease provisions that may need to be added include permitted use and compliance with local and state laws, specific financial issues, and even physical aspects of the business such as signage and ventilation. It’s an area where Mann strongly urges working with an attor- ney experienced in the cannabis industry. Because FDIC-insured institutions can’t lend to cannabis-related businesses, fi- nancing tends to be through private sources and can come at premium rates — possibly 8 to 12 percent or more, says Brandt. This could change, though, with the passage of the Secure and Fair Enforcement (SAFE) Banking Act, a bill that would protect banks and financial institutions that deal with le- gal cannabis businesses while also allowing deposits from the businesses. (Cannabis advocates also argue that it will improve the safety and convenience for what now func- tions as an all-cash business.) The bill passed the House in September and is awaiting con- sideration in the Senate. “If that gets passed, a lot of these in- stitutions can decide legally to step into the space, although it doesn’t mean they’re going to,” Brandt says. “I think they have to make a strategic decision at the corporate level, and for large banks, it could take a while. But a lot of smaller, mid-tier banks may see this as an opportunity to increase market share and revenue. So I would expect them to step in, but even that process could take three to six months before that impact is felt in the marketplace.” As the industry continues to change and move forward, commercial real estate professionals who get experience within it can play a role in sharing their knowledge. “We are all learning,” says Mann. “If you have education in this field, the best way to help municipalities is to share that education. If we want to make this industry strong and good, we help with the education.” “This is a business where there are great opportunities for changing the land- scape and conversation, and destigmatizing something that has long been stigmatized,” says Berger. “And whether you are a consum- er or a supporter, it’s here. We now have the opportunity to tax and regulate something that has been untaxed and unregulated. A lot of people say this is terrible — but it’s already happening, so let’s create a safe environ- ment for companies who hold licenses that are responsible and are offering responsible adult use.” Sarah Hoban Business writer in the Chicago area WINTER 2020