For both sides
Sale-leaseback
Federal and state law current as of September 2026 — verify with counsel.
Key takeaways
- Sell the building, lease it back, use proceeds as capital. Dominant real-estate finance tool.
- 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.
Sale-leaseback is the file this page underwrites. Sell the building, lease it back, use proceeds as capital. Dominant real-estate finance tool. Federal and state law current as of September 2026 — verify with counsel. This is educational, not a guarantee of price, timing, approval, or financing.
Why Sale-leaseback matters in a cannabis sale — what breaks Sale-leaseback?
Sale-leaseback is a closing-path word. If the CIM uses it loosely, Arizona counsel and Oregon counsel will not mean the same thing. HedgeStone keeps the statutory meaning.
How Sale-leaseback is used correctly — how should you read this on Sale-leaseback?
On a live sale-leaseback question, ask whether it changes approvability, cash, or both. Counsel confirms the citation. This page is educational.
How Sale-leaseback is misused — how should you read this on Sale-leaseback?
Lenders and buyers sometimes ask for a right that sale-leaseback cannot legally give. Name the document that actually carries the right.
| Use of Sale-leaseback | Broker reading |
|---|---|
| Sale-leaseback in a CIM | Must match the statute, not a slogan |
| Sale-leaseback in an LOI | If it requires agency consent, say so |
| Sale-leaseback in a model | Label ranges; do not hide 280E |
| Sale-leaseback vs a neighbor word | Do not swap sale-leaseback for a look-alike term from another state |
File example that turns on Sale-leaseback — what belongs on Sale-leaseback?
Illustrative: counsel strikes sale-leaseback from an LOI because the agency cannot honor the sentence. The parties rewrite. That is a successful close path.
Nearby words people confuse with Sale-leaseback — what should you verify for Sale-leaseback?
If someone says sale-leaseback and means a different glossary entry, stop and pick the right slug. The glossary index exists so Sale-leaseback stays precise.
Sale-leaseback does not create interstate adult-use commerce, SBA eligibility, or a USCIS safe harbor. Chapter 7 and 11 remain generally closed to domestic plant-touching debtors. Hemp is CRS IF13136 plus the 12 November 2026 effective date. Price the file that exists.
Cited sources that govern Sale-leaseback: Hemp SKUs must be read against CRS IN12620 on the 2026 hemp definition and CRS IF13136; the redefinition date is 12 November 2026. Federal Register 2026-08176 is the April 2026 medical / FDA-approved marijuana Schedule III order. 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.
Related pages for Sale-leaseback — how should you read this on Sale-leaseback?
Read buy next if that file is open on Sale-leaseback. 280E is the companion page when Sale-leaseback needs that angle. Keep METRC in the working set for Sale-leaseback. Read glossary index next if that file is open on Sale-leaseback. federal law is the companion page when Sale-leaseback needs that angle. Keep 280E in the working set for Sale-leaseback. Read deal structure next if that file is open on Sale-leaseback. sell is the companion page when Sale-leaseback needs that angle.
Which public sources belong on this file?
Read USDA hemp production, USCIS Policy Manual, U.S. Treasury, DEA drug scheduling alongside the agency packet. A forum post is not a substitute.
Frequently asked questions
What does Sale-leaseback mean in a cannabis sale?
Sell the building, lease it back, use proceeds as capital. Dominant real-estate finance tool.
Is this legal advice?
No. Confirm the term against the statute and counsel.
Does the definition travel across states?
No. Sale-leaseback in one statute is not automatically Sale-leaseback in another.
Where does it show up in a deal?
Applications, LOIs, CIMs, and often the approval contingency.
Sources
- CRS IF13136 / IN12620 — hemp definition change effective 12 November 2026 (P.L. 119-37) — https://www.congress.gov/crs-product/IN12620
- IRC §280E — https://www.law.cornell.edu/uscode/text/26/280E
- Viridian Capital public commentary — Tier 1 U.S. MSO EV/EBITDA ~4.16x (2025 consensus)
- Federal Register 2026-08176 (28 April 2026) — medical / FDA-approved marijuana to Schedule III — https://www.federalregister.gov/d/2026-08176
- FinCEN FIN-2014-G001 — BSA expectations for marijuana-related businesses — https://www.fincen.gov/resources/statutes-regulations/guidance/bsa-expectations-regarding-marijuana-related-businesses
- USDA AMS hemp production — https://www.ams.usda.gov/rules-regulations/hemp
- USCIS Policy Manual — https://www.uscis.gov/policy-manual
- U.S. Treasury — https://home.treasury.gov/
- SBA SOP 50 10 8 (effective 1 June 2025) — marijuana ineligibility — https://www.sba.gov/document/sop-50-10-lender-development-company-loan-programs
- Congress.gov S.4942 — SAFE Banking Act of 2026 (introduced, not enacted) — https://www.congress.gov/bill/119th-congress/senate-bill/4942
- Congress.gov H.R.9471 — companion SAFE Banking bill — https://www.congress.gov/bill/119th-congress/house-bill/9471