Navigating the Cannabis Real Estate Landscape? Here are Four Important Things to Know

The laws and regulations surrounding cannabis real estate transactions are evolving at a rapid pace. Certified Title has the information you need.

Do you have clients who are looking to buy or refinance cannabis real estate? The constantly changing and often conflicting laws surrounding medical and recreational marijuana have had a direct impact on real estate and related businesses. There are many new hurdles in the process and the financial services available for cannabis-related entities are limited. Fortunately, you can proceed with confidence when you rely on Certified Title.

In most cases, we are able to insure transactions relating to cannabis properties. Here are some important things to keep in mind.

1. Let us know up front that it’s a cannabis-related real estate closing.

Don’t risk a botched closing by not disclosing the cannabis related nature of the property at the outset. The title company must be willing to write marijuana title insurance and be knowledgeable regarding the nuances of cannabis-related closings. Certified Title has a detailed understanding of these transactions and their complexities. We evaluate cannabis real estate closings on a case-by-case basis, so disclosure upfront allows us to determine if we will be able to insure your property.

2. Certified does not have standard exceptions for these transactions.

Unlike underwriters who have agreed to insure cannabis real estate transactions, Certified Title does not impose standard exceptions for cannabis-related title policies. Generally, we treat cannabis related transactions as traditional commercial real estate transactions rather than as a separate category.

3. We’ve streamlined the cannabis-related title insurance exceptions process.

If the property involved in the transaction is going to be used as a marijuana facility or is already being used as one, the insurance company is likely going to have additional requirements that will need to be met before they will issue a title insurance policy. Our cannabis title insurance team has streamlined this process as much as possible.

We only require the following additional information for all cannabis transactions:

• Property use relating to cannabis: (i.e. dispensary, grow facility)
• Insured’s relationship to the cannabis product: (i.e. Owner, Tenant, Lender)
• Zoning endorsements may only be issued if the zoning report/letter specifically addresses the use of cannabis 

4. You can rely on our expertise.

Many real estate and title professionals shy away from the cannabis industry due to a lack of understanding of the laws surrounding this unique and emerging industry. Certified Title has been servicing the legal and title needs of entrepreneurs for decades. We are well-equipped to handle your cannabis real estate transaction because we have done our research, we know the law, and we have unsurpassed knowledge of the real estate industry. Certified treats cannabis- related title work with the same exceptional level of service as all of our other transactions. As your full-service title agency, we want you to expect the highest level of competency no matter what business you’re in.

When cannabis real estate transactions are on the horizon, trust Certified to be your dedicated, full-service partner. If you have any questions about title insurance or the title process for your transaction, our professionals are here to help. Please contact us anytime.

About Certified Title Corporation: Since 1994, attorney-owned Certified Title Corporation has been furnishing residential and commercial real estate stakeholders across the nation with robust title insurance, settlement, and escrow services. Renowned for their industry-leading reliability and exemplary level of service and quality, the Maryland-based company helps clients from all walks of life achieve their asset goals. To learn more, call (888)486-5511 or visit https://www.certifiedtitlecorp.com/.