Medical Marijuana in rental units

[Wesley W.]

So, this hasn't happened to me yet, but I am curious.

With the advent of the passage of laws in various states allowing for the medicinal use of marijuana, I'm wondering how this interfaces with landlords and their leases.

For example, we have both a "drug-free" clause in the lease, and a "no smoking indoors" provision.

Let's say a tenant claims to need medical marijuana.  Is there some health care law that precludes me from enforcing the lease provisions? (ala the various threads here regarding "emotional support" animals)

Are they going to claim a HIPAA violation if I ask them for proof?

Again, just looking down the 'pike and am curious if anyone has any experience or insight on how this might play out.

[Account Closed]

Here's the addendum our AZ attorney drafted to address it. 

Medical Marijuana Limited Use Addendum

(NOTE-SMOKING OF MEDICAL MARIJUANA IS STILL STRICKLY PROHIBITED)

____________________________ is, and will continue to be, a drug free community. Pursuant to your lease agreement and the crime/drug free addendum, the possession, use, manufacture or sale of any illegal substance, including marijuana, is strictly prohibited. However, the Arizona Medical Marijuana Act of 2010 (“AMMA”) allows terminally or seriously ill patients to use limited amounts of marijuana through their Doctor’s recommendation. Residents who are “qualifying patients” as defined by the AMMA may be permitted to possess and use medical marijuana under the terms and conditions as set forth below:

1. PRIOR TO ANY POSSESSION OR USE of marijuana on the premises, any resident wishing to establish his or her status as a “qualified patient” for marijuana use MUST provide management with the ORIGINAL valid Registry Identification Card issued by the Arizona Department of Health Services (“ADHS”). Any possession or use of marijuana on the premises without providing management with the proper documentation prior to such possession or use will be grounds for immediate termination of the lease agreement.

2. Only the ORIGINAL valid Registry Identification Card will be sufficient to establish the resident’s status as a “qualified patient”. A copy or facsimile is not acceptable. An expired Registry Identification Card is not acceptable. Resident must allow management to copy and place such copy of the valid Registry Identification Card in the resident’s file. If any change is made in the status of the Registry Identification Card, such as expiration, revocation, renewal, or re-issuance, the resident must immediately notify management of such change and provide the ORIGINAL valid Registry Identification Card to management.

3. Once the resident’s status as a “qualified patient” has been established, the resident will be permitted to use medical marijuana in the course and scope of his or her treatment as directed by the resident’s physician.

4. If the Registry Identification Card expires, is revoked, or is non-renewed any possession or use of marijuana on the premises will be grounds for an immediate termination of the lease.

5. Management reserves the right to limit the use of medical marijuana only to areas designated by management as permissible use areas. The resident is strictly prohibited from using medical marijuana in any area not specifically designated as a permissible use area. Any use or possession of marijuana outside a permissible use area will be grounds for immediate termination of the lease.

6. The permissible use areas and permissible manners are as follows: a qualified resident may use medical marijuana within the confines of his or her unit as long as the resident does not smoke marijuana in any manner but they may ingest or otherwise consume medical marijuana as long as it does not disturb other residents. Violation of this provision could result in further action by management, such as an eviction for non-compliance with this addendum).

7. The following areas are specifically designated as NOT PERMISSIBLE USE AREAS: balconies, patios, any common areas including but not limited to sidewalks, stairways, pool area, clubhouse, parking lot, or leasing office.

8. Non-residents, including guests, are strictly prohibited from using or possessing marijuana on the premises. If they are “qualified patients” under the AMMA, they are still restricted from using or possessing marijuana on the premises unless they otherwise comply with this Addendum. Use or possession of marijuana by non-residents, including guests, even within the resident’s permissible use area, will be grounds for immediate termination of the lease.

9. No resident may grow or cultivate marijuana on the premises. The growing of marijuana is detrimental to the owner’s interest in the home for multiple reasons. This limited use addendum does not waive the owner’s rights to strictly prohibit any activity that is in violation of federal (including but not limited to the Controlled Substance Act) or state law and may be immediately revoked and terminated in the event that any state or federal laws change that impact this addendum.

10. Management may revoke the permission for use and possession of medical marijuana on the premises for any violation of the AMMA, ADHS guidelines or this addendum, including but not limited to selling, sharing, trading, or use in a non-permissible area or in a non-permissible manner and could result in immediate termination of the lease.

BY signing below, the Resident acknowledges his or her understanding of the terms and conditions as stated above, and his or her agreement to comply with those terms and conditions.

___________________________________________ Date __________________ Resident

___________________________________________ Date __________________ Resident