Dispensary Leases | Arizona Medical Marijuana Law

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Civil & Criminal Issues with Commercial Leases in the Medical Marijuana Industry

Arizona real estate attorney William A. Kozub wrote an article called “Civil & Criminal Issues with Commercial Leases in the Medical Marijuana Industry” published on the Arizona School of Real Estate & Business website. It’s recommended reading for landlords, real estate brokers, realtors and others who are involved with or considering becoming involved [...]

Prospective Dispensary’s Single Most Important Task Before April 30, 2012

Nonprofit entities that want to obtain a dispensary registration certificate (aka license) to sell medical marijuana in Arizona have a lot of tasks to accomplish before they can open for business. At this time, however, the single most important task for all would-be dispensaries is to locate a properly zoned place within the [...]

What is a Nondisturbance Agreement & Why Do Dispensary Tenants Need It?

One of the important provisions included in my Addendum to Lease between a landlord and a tenant that intends to operate an Arizona medical marijuana dispensary is a condition that requires the landlord to deliver to the tenant a Nondisturbance Agreement from every person or entity that holds a deed of trust or [...]

Considerations on Signing a Personal Guaranty of an Arizona Medical Marijuana Dispensary Lease

Question: My landlord wants the owners of my Arizona medical marijuana dispensary nonprofit entity to sign a Personal Guaranty. What is it and should the owners sign the guaranty?

Answer: A Personal Guaranty is a promise by the guarantor to pay the debt of a third party or to satisfy an obligation of [...]

Why Your Dispensary Needs to Rent More Space than Needed for its Retail Store

Question: I know that in 2007 the U.S. Tax Court ruled in the CHAMPS case that Section 280E of the Internal Revenue Code prohibits deducting from gross income any business expenses that are paid or incurred in connection with trafficking in marijuana. Is there a way that my nonprofit entity that operates an Arizona medical [...]

Advice to Landlords With Premises Zoned for Medical Marijuana Dispensaries

Question: I own real property that is zoned for an Arizona medical marijuana dispensary or cultivation site. How can I increase the chances of obtaining a tenant that will actually obtain a dispensary registration certificate and become a long term paying tenant?

Answer: Easy. Lease your property to more than one prospective dispensary [...]

Insuring Arizona Medical Marijuana Dispensary Business Buildings for Property and Liability

Developing your business plan in anticipation of filing an application with Arizona Department of Health Services ? If so, you’re likely scrambling to find the perfect location(s) for your new Arizona medical marijuana business. Whether you’re seeking a storefront or a warehouse, there are three things about insuring building(s) for dispensaries, grows or [...]

How Does My Dispensary Tie Up Land for its Retail & Cultivation Sites?

Question: Must I know my Arizona medical marijuana dispensary and cultivation locations before I file my application with Arizona Department of Health Services to obtain a dispensary license?

Answer: Yes. Arizona Revised Statutes Section 36-2804 states:

“Not later than ninety days after receiving an application for a nonprofit medical marijuana dispensary, [...]

Arizona Medical Marijuana Law

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