The legalization of medical marijuana is quickly gaining speed across the United States. At the time of writing, there are now 23 states in the US along with the District of Columbia who has approved the use and sale of medicinal marijuana.
Pretty soon, we can safely denote that people can now rely on the use of marijuana for medical purposes. However, the creation of the new law means bad news for landlords and property owners.
What are the States That Allow Individuals to Consume Marijuana Products or Smoke Weed in Private Homes?
At the time of writing, adults over the age of 21 residing in Colorado, Oregon, Washington, Alaska, and the District of Columbia can use recreational marijuana. Furthermore, the states of Arizona, Connecticut, Hawaii, Maine, Massachusetts, Minnesota, Nevada, New Jersey, New York, Rhode Island, Washington, California, Delaware, Illinois, Maryland, Michigan, Montana, New Hampshire, New Mexico, Pennsylvania, and Vermont can make use of medical marijuana but only for qualifying patients. Also, each state has different laws pertaining to the use and sale of the drug for medicinal purposes.
As a Landlord, Can I Prohibit the Use and Growth of Medical or Recreational Marijuana in a Rental Home or Within the Property?
If a state allows the growth of recreational or medical marijuana in private properties, a landlord can prohibit renters from growing the plant if it’s included as a rule found in the lease. If there’s an appearance of an issue wherein the property owner doesn’t have such a clause and there’s a concern about the use or growth of marijuana within the premises, then the landlord would probably rely on an anti-crime or drug policy. However, there should also be a clear definition within the anti-crime or drug policy about the use or growth of medical marijuana in private residences.
What Happens if no Clause Exists Within the Lease or in an Anti-Drug or Crime Policy?
If no clause exists within the property’s lease or within a local anti-crime or drug policy, then the landlord will have a tough time in preventing renters from legally growing medicinal marijuana while the renters are enjoying their stay in the commercial residence during the term of the lease.
If such an event may take place, then there is a requirement for the acquisition of the services of an eviction lawyer. Nonetheless, you need to know and understand the state and local laws pertaining to the growth and use of medical marijuana to avoid trouble as much as possible.