Marijuana Question from a Prospective Tenant

[Michael McDevitt]

I live in Colorado, where both medical & recreational marijuana is legal.  

Today, I just listed my best rental home on Zillow.  It is in an exclusive neighborhood, and is a very nice large home.  In fact, it will be the home my wife and I move to after our youngest finishes H.S. in our current neighborhood.

I got an email from a prospective tenant, asking if I allowed medical marijuana at my property.  It is the first time I have ever been asked that question.  I don't allow smoking in this property, so I simply responded with that answer.  But, it got me to thinking - can a landlord "discriminate" if marijuana is legal?  Has anyone had to deal with this question?