For both sides

Landlord consent

Federal and state law current as of September 2026 — verify with counsel.

Key takeaways

  • Written permission for cannabis use and for the buyer’s assignment. Handshake is not enough.
  • Use the term the way the regulator uses it.
  • Do not import another state’s definition.
  • Ask counsel before the LOI uses the word as a promise.

Landlord consent is the file this page underwrites. Written permission for cannabis use and for the buyer’s assignment. Handshake is not enough. Federal and state law current as of September 2026 — verify with counsel. This is educational, not a guarantee of price, timing, approval, or financing.

Landlord consent is how a regulator or a CPA will test the file. A forum definition does not survive Maryland or Nevada.

Used correctly, landlord consent is a condition you can point to in a statute, a lease, or a tax workpaper. If the LOI promises something the agency cannot honor, rewrite the LOI.

Landlord consent gets inflated in teasers and ignored in diligence. Diligence and transfer review exist to stop that.

Use of Landlord consentBroker reading
Landlord consent in a CIMMust match the statute, not a slogan
Landlord consent in an LOIIf it requires agency consent, say so
Landlord consent in a modelLabel ranges; do not hide 280E
Landlord consent vs a neighbor wordDo not swap landlord consent for a look-alike term from another state

Illustrative: Maryland uses landlord consent as a defined term and Nevada does not. Importing the first statute into the second file is how packets bounce.

If someone says landlord consent and means a different glossary entry, stop and pick the right slug. The glossary index exists so Landlord consent stays precise.

Landlord consent still lives under two federal clocks. Medical activity generally left 280E after the April 2026 order. Adult-use activity did not. SBA SOP 50 10 8 still bars plant-touching 7(a) and 504 loans. SAFE Banking Act of 2026, S.4942 is a bill, not a close condition. Banks that stay in the category still cite FinCEN FIN-2014-G001.

Cited sources that govern Landlord consent: IRC §280E still disallows ordinary deductions on Schedule I trafficking, which is why adult-use books stay in 280E. FinCEN FIN-2014-G001 remains the SAR frame banks actually use. SBA SOP 50 10 8 keeps plant-touching targets out of 7(a) and 504, including medical. SAFE Banking Act of 2026, S.4942 and H.R.9471 were introduced in 2026 and are not law.

Read deal structure next if that file is open on Landlord consent. sell is the companion page when Landlord consent needs that angle. Keep buy in the working set for Landlord consent. Read 280E next if that file is open on Landlord consent. METRC is the companion page when Landlord consent needs that angle. Keep glossary index in the working set for Landlord consent. Read federal law next if that file is open on Landlord consent. 280E is the companion page when Landlord consent needs that angle.

Which public sources belong on this file?

Keep IRS marijuana industry page, eCFR CSA schedules, USDA hemp production, USCIS Policy Manual in the working set. A forum post is not a substitute.

Frequently asked questions

What does Landlord consent mean in a cannabis sale?

Written permission for cannabis use and for the buyer’s assignment. Handshake is not enough.

Is this legal advice?

No. Confirm the term against the statute and counsel.

Does the definition travel across states?

No. Landlord consent in one statute is not automatically Landlord consent in another.

Where does it show up in a deal?

Applications, LOIs, CIMs, and often the approval contingency.

Sources

  1. Congress.gov S.4942 — SAFE Banking Act of 2026 (introduced, not enacted) — https://www.congress.gov/bill/119th-congress/senate-bill/4942
  2. Congress.gov H.R.9471 — companion SAFE Banking bill — https://www.congress.gov/bill/119th-congress/house-bill/9471
  3. CRS IF13136 / IN12620 — hemp definition change effective 12 November 2026 (P.L. 119-37) — https://www.congress.gov/crs-product/IN12620
  4. IRC §280E — https://www.law.cornell.edu/uscode/text/26/280E
  5. Viridian Capital public commentary — Tier 1 U.S. MSO EV/EBITDA ~4.16x (2025 consensus)
  6. IRS marijuana industry — https://www.irs.gov/businesses/small-businesses-self-employed/marijuana-industry
  7. eCFR 21 CFR chapter II — https://www.ecfr.gov/current/title-21/chapter-II
  8. USDA AMS hemp production — https://www.ams.usda.gov/rules-regulations/hemp
  9. Federal Register 2026-08176 (28 April 2026) — medical / FDA-approved marijuana to Schedule III — https://www.federalregister.gov/d/2026-08176
  10. FinCEN FIN-2014-G001 — BSA expectations for marijuana-related businesses — https://www.fincen.gov/resources/statutes-regulations/guidance/bsa-expectations-regarding-marijuana-related-businesses
  11. SBA SOP 50 10 8 (effective 1 June 2025) — marijuana ineligibility — https://www.sba.gov/document/sop-50-10-lender-development-company-loan-programs