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Updated about 8 years ago,

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Wesley W.
  • Rental Property Investor
  • The Vampire State
2,307
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1,859
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Medical Marijuana in rental units

Wesley W.
  • Rental Property Investor
  • The Vampire State
Posted

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.

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