Friday, January 25, 2013

New Marijuana Laws Make New Landlord Headaches


The US Justice Department is not the only group trying to deal with new marijuana laws now in effect in Washington and Colorado. Landlords in both states are also scratching their heads as they try to understand how marijuana legalization affects their current and future lease agreements with tenants.

What new landlords and property owners need to remember is this: You can still ban smoking of any substance on your property, and you do not have to give exception to tenants with medical reasons. So, even though Colorado law says a person can grow, possess and smoke marijuana, a landlord can still make specifications in their lease agreements that prohibit a tenant from doing all three.

One thing a landlord cannot do is amend the smoking rules mid-lease. So, they have to wait until renewal to enforce any new marijuana-specific agreements with tenants. However, some landlords are dealing with tenants who ingest marijuana in liquid form or by vaporizing it.  Again, a landlord has the right to prohibit marijuana usage in any for, but one would be hard-pressed to police a tenant who chooses to take the drug in these ways.

The new legislation will take some getting used to for landlords and tenants, and there is no doubt the federal government and the two states still have a lot to sort out. However, landlords should rest assured knowing they do still have rights. Even though marijuana is against federal law, you the property owner will not be charged with any federal crimes as a result of tenants who possess the drug on their property. 


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