What can I do about medical marijuana use (in Oregon)?

[Richard McNeal]

Hi everyone:

I have a no smoking clause in my lease agreements, which prohibits the use of the recreational marijuana. However, a tenant recently informed me he has a prescription for medical marijuana.

I haven't been able to determine what each of our rights are (landlord & tenant) concerning this issue. I would prefer he not smoke it on the property, but I am unsure if I can legally enforce that because of its medical use.

Can anyone shed some light on what the laws or precedents are for medical marijuana use in Oregon?

Thanks in advance.

[Linda Weygant]

COLORADO ANSWER:

I have the following clause in my lease which I have been assured by my legal service is valid and legal in the State of Colorado:

USE OF MARIJUANA NOTICE: The State of Colorado's Amendment 64 legalizes the

cultivation and possession and use of marijuana by persons 21 years of age or older. Despite

Amendment 64, the federal Controlled Substances Act remains in effect in the State of Colorado.

This Act categorizes marijuana as an illegal Schedule 1 substance, the possession, distribution or

manufacture of which is a criminal federal offense. Any and all use, cultivation or possession of

marijuana on the Premises, INCLUDING USE OF MEDICINAL MARIJUANA, is strictly

forbidden and shall constitute a default of this Lease. This policy applies to the Tenant or Tenants

and all visitors, guests, employees or any other person on the Premises. This is compliant with the

United States Department of Housing and Urban Development's findings that federal and state

non-discrimination laws does not require the Landlord to accommodate requests to use, possess

or cultivate medical marijuana from current or prospective tenants with disabilities.