Landlord's Right To Ban Mmj: What's The Law?

The legalization of marijuana for medicinal purposes in many states has created confusion for landlords and tenants alike. While federal law prohibits the use of marijuana, several states have passed laws that clash with federal legislation, leaving landlords unsure of their rights and how to handle tenants who use marijuana for medicinal purposes. This paragraph will explore whether a landlord can outlaw the use of medical marijuana on their premises.

Landlords can ban smoking

In the context of medical marijuana, landlords can legally ban smoking in their rentals, even if it is legal in their state. This is because medical marijuana is illegal under federal law and is thus covered by a lease's "illegal activity" clause. A landlord who includes a clear no-smoking policy in their lease can terminate the tenancy or evict a tenant who smokes medical marijuana.

However, the situation becomes more complex when considering fair housing laws. These laws require landlords to accommodate individuals with disabilities, and tenants with medical marijuana cards may argue that their qualifying condition is a disability requiring an exception to the no-smoking rule. While this argument has typically failed in the past, tenants may have a stronger case if they can demonstrate that smoking is the only way for them to receive the benefits of the drug.

To avoid potential issues, landlords may choose to remain silent about the general use of medical marijuana while implementing a comprehensive ban on all forms of smoking. This approach addresses concerns related to secondhand smoke, fire hazards, and odors, while also reducing the risk of legal claims regarding discrimination or failure to provide reasonable accommodations.

In summary, landlords can legally ban smoking, including marijuana, in their rental properties, regardless of its legal status at the state level. However, the situation becomes more nuanced when considering fair housing laws and tenants' rights, particularly for individuals with qualifying medical conditions.

Including illegal activity in lease

The laws regarding the intersection of renters' rights and medical marijuana are complex and ever-changing. Under federal law, all forms of marijuana are illegal, including medical marijuana. However, many states have marijuana laws that contradict federal law, with some states fully legalizing marijuana and others punishing possession with a fine. As a result, landlords must navigate a tricky situation when it comes to including illegal activity in lease agreements.

Firstly, it is important to note that landlords are not required to allow smoking of any substances, including medical marijuana, in their rental properties. This is because a clear no-smoking policy prohibits all forms of smoking, even for medical reasons. Landlords can include a no-smoking clause in their lease agreements, which applies to smoking of any kind, and is not limited to tobacco. This no-smoking policy can be a useful tool for landlords who want to implicitly prohibit marijuana use without directly addressing it in the lease.

Additionally, landlords can include language in their leases that explicitly prohibits illegal activity on the rental premises. This can cover a range of activities, from drug use and distribution to other criminal activities. For example, a lease clause might state that the "Tenant shall not engage in any activity that is illegal under State or local law, or allow others to engage in illegal activities on the Real Property." This gives landlords a broad scope to prohibit marijuana use, as it is still illegal under federal law.

However, the situation becomes more complex when considering fair housing issues. While landlords are required to accommodate people with disabilities, the argument that a medical condition requiring a medical marijuana card is a disability requiring an exception to the no-smoking rule typically fails. To win this argument, tenants would have to prove that smoking marijuana is the only way to benefit from the drug, which is challenging given the many alternative ways to ingest marijuana. Nevertheless, in states where medical marijuana is legal, a landlord who bans medical marijuana could face a claim of discrimination against someone with a disability. In such cases, landlords may be on safer ground if they avoid explicit mention of marijuana and instead focus on banning all forms of smoking due to concerns about odors and secondhand smoke.

In conclusion, landlords can include illegal activity in lease agreements by incorporating no-smoking clauses and explicit prohibitions of illegal activities. However, they must also be mindful of fair housing issues and potential claims of discrimination when dealing with tenants who use medical marijuana. Navigating these complexities requires a careful understanding of local and state laws, as well as an awareness of tenants' rights and protections.

Fair housing laws and disabilities

The Fair Housing Act prohibits discrimination by direct providers of housing, such as landlords and real estate companies, as well as other entities, such as municipalities, banks, and insurance companies. The Act also applies to a broad array of housing-related transactions, including the rental, sale, and financing of housing.

The FHA covers both intentionally discriminatory conduct (e.g., evicting a tenant because of their race) and conduct that may not have discriminatory intent but still has an unjustified adverse impact on protected groups (e.g., policies that disproportionately disadvantage applicants with disabilities).

The Act prohibits municipalities and other local government entities from making zoning or land use decisions or implementing land use policies that exclude or discriminate against individuals with disabilities. For example, it is unlawful to utilize land use policies or actions that treat groups of persons with disabilities less favorably than non-disabled groups.

In the context of medical marijuana use, there is some confusion regarding the rights of landlords and tenants. Medical marijuana laws state that people who use marijuana in compliance with state law are not committing a crime, but they do not require landlords to allow smoking in rental properties. Landlords can include language in their leases that prohibits illegal activity on the rental premises, and since medical marijuana is illegal under federal law, it falls under the "illegal activity" umbrella.

However, fair housing laws require landlords to accommodate individuals with disabilities, and they may sometimes need to make exceptions to their rules to do so. For instance, tenants with disabilities may request a reasonable accommodation, such as an exception to the landlord's no-smoking rule, to allow them equal access to housing. Nevertheless, a medical condition that qualifies someone for a medical marijuana card is not necessarily considered a disability under fair housing laws, and such arguments have typically failed in the past.

If an individual believes they have been subjected to discriminatory housing practices, they can file a complaint with the U.S. Department of Housing and Urban Development (HUD) within one year or file a lawsuit in federal court within two years. HUD will investigate the complaint at no cost to the individual. Alternatively, individuals can call HUD's toll-free number, complete an online complaint form, or mail a completed form or letter to their office.

State vs. federal law

The legal status of marijuana is a complex issue in the United States, with a conflict between state and federal laws. While some states have fully legalised marijuana, it remains illegal under federal law, creating a confusing situation for landlords and tenants.

Under federal law, landlords have the right to prohibit the smoking of any substance, including tobacco and marijuana, in their rental properties. They can include a no-smoking clause in the lease agreement, which applies to all forms of smoking, including medical marijuana. This is because, under federal law, marijuana is classified as a Schedule 1 drug with no accepted medical use. However, this situation becomes more complicated when considering state laws that have legalised marijuana for medical or recreational purposes.

In states where medical marijuana is legal, landlords must navigate a complex legal landscape. While federal law criminalises marijuana, state laws protect the use of medical marijuana for qualified individuals. Landlords in these states may be at risk of a discrimination lawsuit if they ban medical marijuana use outright. To avoid this, landlords can implement a general no-smoking policy that prohibits all forms of smoking, regardless of the substance, to reduce the risk of second-hand smoke and associated health concerns. This approach allows them to sidestep the issue of discriminating against individuals with a disability who require medical marijuana.

However, it is important to note that tenants cannot force landlords to allow smoking in their properties, even if it is for medical marijuana. While fair housing laws require landlords to accommodate individuals with disabilities, a medical condition that qualifies someone for a medical marijuana card may not necessarily be considered a disability. To successfully argue for an exception to a no-smoking policy, tenants would have to demonstrate that smoking is the only way to benefit from the drug, which is challenging given the various alternative methods of ingestion for marijuana.

Landlord's right to evict

The legality of marijuana varies across different states and countries. In the United States, for instance, marijuana is illegal under federal law, but some states have legalized medicinal cannabis and marijuana decriminalization laws.

In states with no protections for marijuana use, landlords can evict tenants for using or possessing marijuana, as it violates the state's criminal code. However, in states that have legalized medicinal cannabis, the situation is more complex. While medical marijuana laws protect users from criminal prosecution, they do not require landlords to allow smoking in their rental properties.

Landlords can include language in their leases that prohibits illegal activity on the rental premises, and since marijuana is illegal under federal law, smoking it would violate the terms of the lease. A clear no-smoking policy in a lease or rental agreement allows a landlord to evict a tenant who smokes.

In Oklahoma, for example, two statutes contradict each other: one grants landlords the right to evict for "any drug-related criminal activity," while the other protects medical marijuana patients' right to consume or use other marijuana products that are legal under state law.

To evict a tenant, landlords must comply with state rules on notice and follow specific procedures. In Washington, for example, landlords must serve a 10-day notice to comply with the terms of the lease, giving tenants a chance to "cure" the violation before eviction. In Minnesota, landlords must issue a 14-day written notice before filing evictions for non-payment of rent.

Landlords cannot evict tenants in retaliation for the tenant's "good faith" attempt to enforce their rights. For instance, if a tenant reports a landlord for violating health, safety, housing, or building codes, the landlord cannot evict the tenant out of retaliation.

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