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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