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What to Verify Before You Sign a Dispensary Lease
A practical guide to the critical items dispensary operators must verify before signing a lease, and why skipping these checks can lock a project into costly and irreversible problems.
Article Summary
- Lease signing creates real financial and legal commitments
- Many dispensary failures begin with unchecked lease assumptions
- Zoning, use rights, and contingencies must be verified in advance
- Lease terms can limit construction and compliance options
Overview
Why Lease Verification Matters in Dispensary Planning
Signing a dispensary lease is one of the first irreversible decisions
an operator makes.
Unlike early planning assumptions, lease terms create binding obligations
that can restrict zoning compliance, construction options, and timelines.
Verifying critical details before signing is essential to protect the project.
Use Rights
Confirming Cannabis Use Is Explicitly Allowed
The lease must explicitly allow cannabis retail use.
Generic retail language is often insufficient and may conflict
with local zoning or landlord restrictions.
Operators should ensure the permitted use clause clearly includes
dispensary operations and related activities.
Zoning
Verifying Zoning and Buffer Compliance
Zoning and buffer compliance should be verified independently
before lease execution.
A lease does not override zoning restrictions, and landlords
are not responsible for regulatory feasibility.
Verification should occur through official planning sources.
Contingencies
Including Regulatory and Approval Contingencies
Dispensary leases should include contingencies tied to licensing,
permitting, and regulatory approvals.
Without these protections, operators may be obligated to pay rent
on a space that cannot legally open as a dispensary.
Construction
Understanding Build-Out Rights and Limitations
Lease terms often restrict construction methods, structural changes,
security installations, and storefront modifications.
Operators must confirm that required architectural and security
work is permitted under the lease before signing.
Risk
Common Lease Mistakes That Delay or Kill Projects
Common mistakes include relying on verbal assurances,
underestimating build-out restrictions, and skipping contingency clauses.
These issues often surface only after money has been committed,
making them expensive and difficult to resolve.
Planning
Why Lease Review Is a Planning Phase Responsibility
Lease verification belongs squarely in the planning phase.
Once signed, options narrow quickly and costs accelerate.
Careful review before execution preserves flexibility
and protects the viability of the dispensary project.
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UseMust explicitly allow cannabis retail
-
ZoningCannot be assumed or waived
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ContingenciesProtect against regulatory failure
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RiskMistakes are costly after signing