Cannabis commercial lease agreements

Signing a commercial lease can be an exciting step toward realizing operational goals in your Washington cannabis business. However, if a lease is not analyzed and completed correctly, the agreement can leave either the landlord or the tenant, or both, with additional headaches and liability. Understanding the nuances of the cannabis commercial agreements is crucial for both parties alike.

Whether you are a small business owner looking to secure your first retail or business space, or a property investor seeking to maximize your returns, having a firm grasp of the legal framework surrounding cannabis commercial leases can make the difference between a successful business venture and a costly endeavor. It’s important to note that usually, both parties have the same goal and that is to use the property for the stated purpose in a way that benefits both landlord and tenant alike. If the agreements are negotiated correctly, you’ll be left with a situation where when one succeeds, the other will likely succeed as well.

For the most part, commercial landlord-tenant relationships are governed by statutes and basic fundamentals of contract law in Washington state. More often than not, courts will defer to the Commercial Lease Agreement and other applicable agreements between the parties before looking to any statutory default provisions. This stance makes lease agreement negotiations and drafting more important than other instances such as residential lease agreements.

Key points in Washington cannabis commercial leases

In order to ensure your Washington cannabis commercial lease is a mutually beneficial endeavor, here are some key points that both sides need to consider:

• Lease term and renewal options

  The lease term is the backbone of any commercial lease agreement. It outlines the duration of the lease and sets forth the rights and obligations of both parties during that period. In Washington state, lease terms are highly customizable and can range from short-term agreements to long-term leases spanning several years. Additionally, both parties should pay close attention to renewal options to ensure there is flexibility to extend their lease if desired and needed.

• Rent and additional costs

  Negotiating rent and additional costs is often a sticking point in commercial lease agreements. Landlords typically seek to maximize their rental income, while tenants aim to keep costs manageable. It’s crucial for both parties to clearly define the base rent, any annual increases, and the allocation of additional expenses such as property taxes, maintenance fees, and utilities.

• Use clause

  The use clause specifies how the leased premises can be utilized by the tenant. It’s essential for both parties to ensure that the intended use aligns with the zoning regulations and any restrictions outlined in the lease agreement. Additionally, landlords may include provisions to protect the integrity of the property and surrounding businesses.

• Cannabis friendly provisions

  The cannabis industry is well known for its regulatory oversight and compliance requirements. Both parties should be aware of applicable state and local regulations and compliance requirements. Many of these requirements can be specifically addressed in the lease agreement so there is no question as to the rights and obligations of each party.

• Repairs and maintenance

  Determining responsibility for repairs and maintenance can prevent disputes down the line. Commercial leases often allocate these duties between landlords and tenants, with landlords typically responsible for structural repairs and tenants responsible for interior maintenance. Clarity on these obligations can help avoid confusion and ensure that the property remains in good condition throughout the lease term.

• Assignment and subletting

  Businesses evolve, and sometimes tenants may need to assign their lease or sublet the premises to another party. Landlords usually retain the right to approve or reject assignments and subleases to maintain control over their property and ensure the new tenant is financially stable.

• Termination and default

  Despite best intentions by both parties, lease agreements can sometimes be terminated prematurely due to unforeseen circumstances or breaches of contract. It’s essential for both parties to understand the conditions under which the lease can be terminated and the remedies available to each party in case of default.

• Notaries and other compliance

  Even though most commercial lease disputes are determined by the contract, commercial lease agreements must still comply with state and local laws governing landlord-tenant relationships. In Washington, lease agreements must be notarized to have their full force and effect. Additionally, other use-specific statutes and regulations should be considered and incorporated into the drafting of commercial leases. As noted above, one example is for licensed cannabis businesses in Washington. These businesses must have additional protections and oversight to remain in compliance with state and local laws and regulations.

Ensuring a successful relationship

Navigating the complexities of commercial lease agreements in Washington requires attention to detail and a thorough understanding of not only the legal landscape, but also the goals, aspirations, rights, and obligations of both the landlord and the tenant.

Negotiating and drafting a well thought out commercial lease can make the difference between a thriving business and a beneficial relationship between the landlord and tenant or a costly nightmare.

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The DEA shouldn’t be in charge of scheduling Marijuana says Jesse Ventura

And he’s not alone!

In a recent development that has caught the attention of cannabis advocates and lawmakers alike, the Drug Enforcement Administration (DEA) has indicated that it is following the necessary procedures in its marijuana rescheduling review.

This revelation came in response to a letter sent by a group of 21 lawmakers from both the House and Senate, urging the agency to promptly deschedule marijuana. The DEA’s Acting Chief of Congressional Affairs, Michael Miller, stated in a letter to Senator Elizabeth Warren and others that the agency will “follow the procedures that Congress set forth in the Controlled Substances Act, including an opportunity for a public comment period and a hearing.”

While these comments may seem routine, they provide valuable insight into the DEA’s potential plans for the coming weeks and months. The mention of a public comment period and hearing is particularly significant, as these steps would only be necessary if the DEA decides to reschedule marijuana from its current Schedule I status. This could mean that the agency is considering either rescheduling marijuana to Schedule III, as recommended by the Department of Health and Human Services, or descheduling it entirely.

If the DEA does choose to reschedule or deschedule marijuana, the public will have a 30-day window to provide comments on the recommendation before it can officially take effect. This opportunity for public input is crucial, as it allows stakeholders, experts, and concerned citizens to voice their opinions and contribute to the decision-making process.

The DEA’s acknowledgment that it is carefully following the procedures outlined in the Controlled Substances Act while conducting its administrative review of marijuana’s schedule is a positive sign for those who have long advocated for a change in the drug’s legal status.

However, the agency’s motives and the eventual outcome of this review remain uncertain.

But should the DEA even have the authority to schedule cannabis? This question lies at the heart of the ongoing debate surrounding marijuana policy in the United States. In this article, we’re going to explore this idea in detail, examining the arguments for and against the DEA’s role in determining the legal status of cannabis.

Since the beginning of the Biden Administration’s efforts to reschedule marijuana, there have been doubts about the endgame. When they revealed their push for Schedule III, it became apparent that this was a move to grant the pharmaceutical industry control over the cannabis market.

Here’s a timeline of the events that have unfolded:

• Late 2022: President Biden issues an executive order directing HHS to review marijuana’s status as a Schedule I drug and provide a recommendation on rescheduling.

• August 2023: After a year-long review, HHS sends a letter to the DEA requesting that marijuana be moved to Schedule III.

• September 2023: An anonymous Biden Administration official expresses belief that marijuana will be moved to Schedule III before the 2024 election.

• October 2023: A bipartisan group of 31 congressmembers sends a letter to the DEA, urging them to consider fully descheduling marijuana.

• December 2023: HHS releases a 250-page document explaining their rationale for wanting the DEA to reschedule marijuana to Schedule III.

• January 2024: Colorado Attorney General Phil Weiser leads a group of 12 state attorneys general in sending a letter to the DEA, advocating for rescheduling.

• February 2024: Speculation about an impending announcement from the DEA begins to circulate.

• March 2024: President Biden becomes the first president to promote marijuana law reform during a State of the Union address.

• April 2024: The DEA indicates they are in the process of writing a recommendation, with Administrator Anne Milgram set to make a decision on marijuana’s scheduling status.

The most recent development, with the DEA actively working on a recommendation, is significant because it suggests that the agency is closer than ever to potentially rescheduling marijuana.

Historically, the DEA has not been this close to making such a monumental change in cannabis policy.

It’s worth noting that the popularity of cannabis legalization has reached an all-time high, and with the November elections looming, Democrats may be doubling down on cannabis reform to secure the significant “cannabis vote” that could sway the outcome of the elections.

However, if cannabis isn’t rescheduled or legalized prior to November, there is no guarantee that the Biden Administration won’t backpedal or pull a “bait and switch” tactic. The cannabis community must remain vigilant and continue to push for meaningful reform, regardless of the political landscape.

Former Minnesota Governor Jesse Ventura has been a long-time advocate for cannabis legalization, and his recent interview with Marijuana Moment highlights his unwavering commitment to the cause.

Ventura’s personal experience with the benefits of medical marijuana has fueled his passion for reform, as he credits cannabis with saving his wife’s life when she developed late-in-life epileptic seizures.

Ventura’s support for cannabis legalization dates back to his gubernatorial campaign, when he openly embraced the issue despite warnings from his party that it could cost him the election. “It didn’t hurt me a bit,” Ventura said.

“It actually, I think in the end, strengthened me because it showed the public I have balls enough to bring up topics that were real in life and not be the typical politician and sweep them under the rug and run from them.”

His success in the election serves as a testament to the fact that people are willing to elect officials who are open about their cannabis use and support for reform. Ventura believes that if he were running for office today, he would make cannabis legalization a top campaign issue to align with the “loyal” base of consumers eager for change.

One of the key points Ventura raised in the interview was his criticism of the Drug Enforcement Administration’s (DEA) role in the cannabis rescheduling process. He questioned why the DEA, an enforcement agency, is allowed to make decisions on the legal status of marijuana, stating, “I guess the first thing that I did was I had to scratch my head and go, ‘Why is the DEA, the enforcement people, allowed to make the decisions on whether it should be legal or not?'”

Ventura pointed out the inherent conflict of interest in the DEA’s involvement, saying, “Excuse me, they have the biggest conflict of interest of anybody on the planet, right? Because if they keep it illegal, that means they stay in business and they get way more money allocated to them by the federal government to continue to go out and bust people for cannabis. How come they’re the deciding agency?”

He further emphasized his point by drawing a comparison to law enforcement, stating, “Excuse my French, but that’s bullshit. You know, that’s like putting the police in charge of lawmaking. You elect people to make laws. The police merely enforce the law. Why are you allowing the enforcer of the law to make the law?”

Ventura’s critique of the DEA’s role in the rescheduling process highlights the need for a more impartial and evidence-based approach to cannabis policy reform. As support for legalization continues to grow, with a recent poll showing that one in five American adults are regular marijuana consumers, it is crucial that the decision-making process is guided by science and public opinion rather than the interests of enforcement agencies.

As the 2024 presidential election approaches, Ventura believes that embracing cannabis reform could be a winning strategy for candidates looking to secure the significant “cannabis vote.” While he acknowledged that President Donald Trump might face pushback from his evangelical base if he were to support legalization, Ventura maintains that the time is right for bold action on cannabis policy.

With his newly launched cannabis brand, Jesse Ventura Farms, the former governor is committed to making a positive impact on the industry and the lives of those who can benefit from medical marijuana. As he continues to champion reform, Ventura’s message is clear: it’s time for the federal government to catch up with public opinion and end the prohibition of cannabis once and for all.

Jesse Ventura’s critique of the Drug Enforcement Administration’s (DEA) role in the cannabis rescheduling process is spot on. The fact that the very agency responsible for enforcing drug laws is also tasked with determining the legal status of substances like marijuana is an inherent conflict of interest. As Ventura aptly put it, this arrangement is akin to allowing the police to make the laws they enforce. It’s an insane setup that undermines the principles of fairness and impartiality in our legal system, and it’s something that America needs to address urgently.

While the potential rescheduling of cannabis to Schedule III might seem like progress, it’s crucial to recognize that this move could be primarily a power grab by the pharmaceutical industry. If marijuana remains on the controlled substance act in any capacity, it is still, in essence, illegal. To put this into perspective, we can equate the situation to slavery: descheduling would be akin to liberty, while Schedule III is like having permission to go to town unattended while still being considered someone’s property. True progress will only be achieved when cannabis is completely removed from the controlled substance act.

As the 2024 elections approach, it’s important for voters to be aware of the games politicians play when it comes to hot-button issues like cannabis legalization. While Democrats may tout their support for reform as a core part of their campaign strategy, it’s worth noting that they failed to legalize marijuana despite having majority control over the past four years. This inconsistency should give pause to anyone who believes that campaign promises will inevitably lead to meaningful change.

At the end of the day, the path to genuine cannabis reform is fraught with obstacles, including entrenched interests, political maneuvering, and a lack of political will. As citizens, it is our responsibility to hold our elected officials accountable and demand that they take action to end the failed war on drugs and the unjust prohibition of marijuana.

Only by remaining vigilant, informed, and engaged can we hope to achieve the kind of lasting change that will benefit individuals, communities, and our nation as a whole.

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 A Simple Guide for using Cannabis for Pain Management

Cannabis has been used for medicinal purposes for centuries, and one of the most common reasons for its recommendation is pain management. As more countries and states legalize medical cannabis, an increasing number of people are turning to this natural remedy to alleviate various types of pain, including chronic pain, neuropathic pain, and pain associated with certain medical conditions like various cancers and multiple sclerosis.

However, it’s essential to understand that the way cannabis is used can significantly impact its effectiveness in managing pain. While smoking a pipe and a joint might seem similar, there are subtle differences that can alter the intensity and amount of smoke inhaled, ultimately creating a different effect. The temperature at which cannabis is heated, the type of device used, and even the strain of cannabis chosen can all play a role in how effectively it manages pain.

Moreover, individual genetics also influence how one responds to cannabis. The human body has an endocannabinoid system, which interacts with the compounds found in cannabis, primarily THC and CBD. Variations in the genes that code for the receptors in this system can affect how a person metabolizes and responds to these compounds, leading to differences in pain relief experienced.

Despite these variables, there are certain tips and tricks that can help optimize the use of cannabis for pain management. From selecting the right strains for pain management and dosage to choosing the most appropriate consumption method and timing, there are several factors to consider when using cannabis for pain relief. By understanding these nuances and tailoring cannabis use to individual needs and preferences, people can effectively harness the potential of this versatile plant to alleviate pain and improve their quality of life.

In this article, we will explore some real-world feedback from individuals who have used cannabis for pain management, shedding light on what works best for different types of pain and personal circumstances. By sharing these experiences and insights, we hope to provide valuable information for those considering using cannabis as a natural alternative for pain relief.

Quick Pain Relief With Cannabis

When it comes to fast-acting pain relief, smoking or vaping cannabis is often the most effective method. These consumption methods allow the active compounds in cannabis, such as THC and CBD, to be rapidly absorbed into the bloodstream through the lungs, providing pain relief within 5-10 minutes. Another quick-acting option is using a sublingual tincture, which is a concentrated liquid form of cannabis that is placed under the tongue for rapid absorption into the body.

Smoking or vaping cannabis is the quickest way to experience its psychoactive properties, as the compounds bypass the digestive system and enter the bloodstream directly. This rapid onset can be particularly beneficial for individuals dealing with sudden or acute pain, such as headaches, menstrual cramps, or muscle spasms. The fast-acting nature of smoking or vaping allows users to titrate their dosage more accurately, as they can feel the effects quickly and adjust their intake accordingly.

While smoking or vaping cannabis may provide quick relief, it’s important to note that these methods are not the most potent ways to consume cannabis. Edibles and concentrates, for example, can offer stronger and longer-lasting effects, but they also take longer to kick in. However, when it comes to pain related to tension or slight inflammation, smoking or vaping can be an ideal approach, as the rapid onset of effects can help alleviate discomfort quickly.

Titration, or the process of gradually adjusting the dosage to find the optimal level of relief, is highly dependent on the individual. Factors such as body weight, metabolism, and tolerance can all impact how a person responds to cannabis. By starting with a low dose and slowly increasing it as needed, users can find the right balance that provides effective pain relief without causing unwanted side effects.

When considering smoking or vaping cannabis for medical purposes, it’s generally recommended to opt for vaping over smoking. Vaping involves heating the cannabis to a temperature that releases the active compounds without producing the harmful byproducts associated with combustion. This makes vaping a potentially healthier alternative to smoking, as it reduces exposure to toxins and irritants that can be detrimental to lung health.

While smoking or vaping cannabis can provide quick relief for certain types of pain, those seeking long-lasting relief for deeper, more persistent pain may find edibles or concentrates to be a more effective solution. Edibles, such as cannabis-infused foods or beverages, offer a unique way for the body to process THC, the primary psychoactive compound in cannabis.

When cannabis is consumed orally, the THC undergoes a process called first-pass metabolism in the liver. During this process, the liver converts Delta-9-THC into 11-hydroxy-THC, a metabolite that is said to be up to 10 times more potent than the original compound. This increased potency can result in a more intense and longer-lasting experience compared to smoking or vaping, where the Delta-9-THC directly enters the bloodstream without undergoing this conversion.

However, the trade-off for this increased potency is a slower onset of effects. When consuming edibles, it can take anywhere from 30 minutes to an hour to start feeling the effects, as the body needs time to digest and metabolize the THC. This delayed onset can be challenging for some users, as it requires patience and careful dosing to avoid consuming too much.

Overconsumption of edibles can lead to a “green out,” a term used to describe a state of intense discomfort characterized by symptoms such as dizziness, nausea, and extreme paranoia. The effects of edibles can also feel more “narcotic” or sedating compared to other consumption methods, which may be beneficial for those dealing with severe or chronic pain.

When it comes to managing deep, persistent pain, edibles or concentrates may be the best approach. The long-lasting effects of these consumption methods can provide sustained relief for several hours, making them particularly useful for individuals with conditions such as chronic back pain, fibromyalgia, or pain associated with cancer treatment.

It’s crucial to start with a low dose when trying edibles or concentrates for the first time, as the potency can vary significantly between products. Waiting at least an hour before consuming more is also essential to avoid accidental overconsumption. As with any cannabis use, it’s always best to consult with a medical professional to determine the most appropriate dosage and consumption method for your specific needs and medical condition.

While cannabis has been hailed as a natural and effective solution for pain management, helping millions of people worldwide, it’s important to recognize that it may not work for everyone. Cannabis is known to be a highly individualized medicine, meaning that its effects and efficacy can vary significantly from person to person. This variability is due to factors such as individual physiology, genetics, and tolerance levels.

Some people report experiencing significant pain relief after using cannabis, while others may find little to no benefit. This inconsistency can be frustrating for those seeking an alternative to traditional pain medications, as it may require a trial-and-error approach to find the right strain, dosage, and consumption method that works best for their specific needs.

Another challenge with using cannabis for pain relief is the lack of standardized dosing guidelines. Since cannabis interacts differently with each individual, there is no one-size-fits-all approach to dosing. This can make it difficult for those new to cannabis to determine the appropriate amount to consume, leading to potential overconsumption or under-consumption, both of which can hinder the desired pain-relieving effects.

While it is virtually impossible to fatally overdose on cannabis, consuming too much can lead to an unpleasant experience known as “greening out.” This is particularly common with edibles, as the delayed onset of effects can tempt people to consume more than they should. Symptoms of greening out can include intense anxiety, paranoia, dizziness, and nausea, which can be distressing and counterproductive for those seeking pain relief.

Despite the growing acceptance of medical cannabis, it remains a taboo subject in some circles. This stigma can make it challenging for individuals to openly discuss their use of cannabis for pain management with friends, family, or even healthcare providers. Additionally, the legal status of cannabis varies by country and state, making it difficult for patients to travel with their medication, which can be a significant hurdle for those who rely on cannabis for chronic pain relief.

While cannabis has shown great promise as a natural alternative for pain management, it is not a panacea. Its highly individualized nature means that some people may not experience the desired pain relief, while others may struggle with finding the right dosage or dealing with potential side effects. The persistent taboo surrounding cannabis use can also create social and logistical challenges for those who rely on it for pain management.

As with any medical treatment, it’s essential to consult with a healthcare professional to determine if cannabis is an appropriate option for your specific pain management needs and to develop a personalized treatment plan that takes into account your unique circumstances and goals.

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