Marijuana/drugs clause in Lease Agreement

[James Hamilton]

Hi all, just have a question about the following clause in the Standard Lease Agreement I pulled off BP (one of Brandon Turner's documents included when you order his book). See below. 

"MARIJUANA AND OTHER DRUGS: Tenant shall not be permitted to, and shall not permit any family, visiting friends, dependents, guests, licensees or invitees of Tenant to grow, produce, possess, consume, use, smoke, or ingest any marijuana, cannibas or any products or ingestibles containing marijuana or cannibas in any location in, on or about the Premises; the foregoing prohibition to be absolute and without exception and shall include any growing, production, possession, use or consumption pursuant to any medical use or medical prescription, or any medical, retail or recreational marijuana activities that may otherwise be permitted under any local, state or federal laws, rules or regulations now or hereafter in effect. Tenant’s violation of this rule shall be an immediate and incurable default of this Lease and shall be cause for eviction."

Considering marijuana is recreationally legal in Illinois - are we able to forbid consumption on the premises? How do you verbalize your marijuana/drugs clause in your lease agreements? Just seeing if this clause needs to be tweaked considering the changing laws for marijuana. Thank you all!!

[Tim Miller]

Marijuana/Cannabis is included in our illegal drug section. Due to the so called medical and now recreational use, we have another section that spells it out. It's NOT ALLOWED Period! Marijuana is just like cigarettes. Cigarettes are legal but you can ban the use of them on you property.

Trust me, you'll get some tenants that will try to challenge you on this but hold your ground.