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Updated about 10 years ago, 12/12/2014

User Stats

11
Posts
2
Votes
Mark Wolka
  • Real Estate Investor
  • South Lyon, MI
2
Votes |
11
Posts

Michigan Medical Marihuana landlord rights

Mark Wolka
  • Real Estate Investor
  • South Lyon, MI
Posted

I have a tenant who has an MMP card and is growing marijuana. It is not clear on the landlord rights to have access to the room. According to the law for the grow room, only the caregiver and patient should have access to the room:

"“Enclosed, locked facility” means a closet, room, or other comparable, stationary, and fully enclosed area equipped with secured locks or other functioning security devices that permit access only by a registered primary caregiver or registered qualifying patient. Marihuana plants grown outdoors are considered to be in an enclosed, locked facility if they are not visible to the unaided eye from an adjacent property when viewed by an individual at ground level or from a permanent structure and are grown within a stationary structure that is enclosed on all sides, except for the base, by chain-link fencing, wooden slats, or a similar material that prevents access by the general public and that is anchored, attached, or affixed to the ground; located on land that is owned, leased, or rented by either the registered qualifying patient or a person designated through the departmental registration process as the primary caregiver for the registered qualifying patient or patients for whom the marihuana plants are grown; and equipped with functioning locks or other security devices that restrict access to only the registered qualifying patient or the registered primary caregiver who owns, leases, or rents the property on which the structure is located..." (emphasis my own)

Does this mean that as a landlord, I do not have the right to keep a copy of the key and access the room to check smoke/CO2 detectors, check for damages, enter in the case of an emergency, etc.?

I have not been able to find anything regarding landlord/tenant law regarding this issue. I will be contacting my lawyer next week, but was wondering if anyone had experienced this before.

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