WA/CO legalization of marijuana and rental properties

[Brandon Shaw]

Havent seen anyone reply on BP about the ramifications to landlords who dont want marijuana grown on thier property or in their rentals. I just bought a house in WA state, and with the passing of this law there is gray lattitude a mile wide for tenants to possess and use marijuana in my rental, which down the road could have legal liabilities on me as the landlord.

Now that its "legal", I dont think I have a right to evict someone unless I have it specified in my lease they are not allowed to have or use marijuana, but is that legal? The feds are dragging thier feet on any responce to the States rights to legalize it.

I'm not saying marijuana shouldnt be legal or not, thats up to the courts to decide, but the states have created a total mess by legalizing the drug without the laws to define how/when its appropriate (ie sobriety test while driving...).

Those of you landlords WA/CO (or CA/OR for that matter) doing to address this issue?

[Account Closed]

People who smoke, drink alcohol or use recreational drugs are not protected classes. You can prohibit marijuana just like you can prohibit alcohol. Lots of landlords don't allow alcohol. My questions are 1) why bother? and 2) how would you enforce such a policy?

The legal issues of possession and purchase in WA will get worked out in the next year as the state was required to implement and oversee govt regulated sales of marijuana. So a tenant wouldn't be in violation of state laws once they can buy it from a state regulated source. I have zero concerns about a tenant being in violation of federal laws when it comes to marijuana possession and use in recreational amounts at home. I'm guessing Sec8 in WA will have an issue. They will have to deal with the state vs. federal question as the recipients are getting federal money funneled through state programs.