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Updated over 8 years ago on . Most recent reply
![Michael McDevitt's profile image](https://bpimg.biggerpockets.com/no_overlay/uploads/social_user/user_avatar/609956/1621493741-avatar-michaelm459.jpg?twic=v1/output=image/cover=128x128&v=2)
- full-time CPA & part-time RE Investor
- Colorado Springs, CO
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Marijuana Question from a Prospective Tenant
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?
Most Popular Reply
![Russell Brazil's profile image](https://bpimg.biggerpockets.com/no_overlay/uploads/social_user/user_avatar/120988/1621417798-avatar-russelltee.jpg?twic=v1/output=image/crop=303x303@52x0/cover=128x128&v=2)
Marijuana in all forms is against federal law. The federal government can seize your property under civil asset forfeiture laws if they are so inclined.
That being said, I have several tenants who smoke Marijuana and I could care less.
- Russell Brazil
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