In this episode of Inside R&E, Adam Lindenbaum and Harris W. Davidson, attorneys with the firm’s Litigation Department, discuss the changing legal landscape and new challenges - from the perspective of commercial building owners and landlords - surrounding the unlicensed sale of cannabis products by thousands of New York City smoke shops. Together they discuss the statutory history and the various recently-enacted New York State and City laws (Marijuana Regulation and Tax Act of March 2021, RPAPL 715-A of May 2023, Cannabis Law 16-A of May 2023 and New York City Local Law 107 of July 2023) which first decriminalized cannabis sales, and shortly thereafter re-criminalized unlicensed cannabis sales for purposes of landlord-tenant law. At the same time, these newest statutes aim to hold commercial landlords accountable for knowingly leasing to unlicensed cannabis dispensaries. Adam and Harris also detail ways in which NYC landlords can mitigate liability and proactively insulate themselves from legal consequences as the numerous authorized State and City agencies continue to tighten regulations within the marijuana market. This episode follows Adam and Harris’ recent article published in The Real Deal: Up in Smoke: Retail Leases With Unlicensed Cannabis Dispensaries Laced With New Legal Risks.

Adam Lindenbaum is a Member with Rosenberg & Estis, P.C.’s Litigation Department. He is licensed in New York and New Jersey, and his practice is focused on representing real estate firms, developers, managing agents, cooperatives and condominiums in connection with their use, management, and operation of commercial real estate. Contact Adam at alindenbaum@rosenbergestis.com or (212) 551-8405. Harris Davidson is an Associate in Rosenberg & Estis, P.C.’s Litigation Department. He is licensed in New York and Florida, where he was previously a prosecutor, and he represents a wide range of real estate entities, including landlords, fee simple owners, co-op boards, ground lessees, commercial development companies, and joint venturers. Contact Harris at hdavidson@rosenbergestis.com or (212) 551-8403.