As legal medical marijuana becomes increasingly accepted in various states, it is somewhat uncertain how landlords should handle this matter regarding his or her disabled tenants. As of today, Colorado and Washington consent the recreational use of marijuana, eighteen states have legalized the use of medical marijuana (California being one for them), and few others have pending legislation in this matter.
If you live in a state where medical marijuana is not legal, you are not required to accommodate the medical marijuana usage to a tenant who is disabled and who wants to use. However, if you live in any of the eighteen states where medical marijuana is legal you can adopt three policies regarding the reasonable accommodation of marijuana use with your tenants. These are:
-Allow marijuana as a reasonable accommodation under fair housing laws if your tenant is disabled.
-Allow the use of marijuana with no real limitations concerning disabilities.
Remember that as a landlord it is important to state your regulations regarding your stand on marijuana use in your property on the lease and all proper paperwork. Very important to always check your state laws regarding these complex and shifting regulations.