There are 23 states and the District of Columbia that currently have laws legalizing marijuana in one form or another and four states have legalized marijuana for recreational use, my home state of Oregon is one of them beginning July 1, 2015. Landlords and Property Managers in Oregon will be needing to consider how they choose to handle rules and regulations & selling guidelines on their properties as it relates to legal and illegal activity. Landlords have been wondering if it can be prohibited in their rental properties and the answer is yes absolutely just like smoking cigarettes. Marijuana smoke causes just as much damage in the way of odors trapped into the carpets and walls as well as staining of the walls. There are definitely some things to consider:
1. Until July 1, 2015 recreational use, growing, and possession is still illegal.
2. After July it is legal only for people over the age of 21.
3. Partaking in marijuana must be done inside a private residence and it is still not legal to use it in a public location. This means that if your tenants are following the law they will be smoking inside the rental which could be a breach of the lease.
4. Limits will be set on how much marijuana is legal to possess. If you do an inspection and there is a lot of marijuana you could be having illegal activity going on in your rental property.
5. The Oregon Liquor Control Commission has until Jan. 1, 2016 to draft & implement the new rules in regards to processing, selling, and production of marijuana. For now, the law states that an adult can give another adult up to one ounce. There’s always a lot to consider being a landlord or property manager and now there are even more.
I often have issues with tenants smoking cigarettes and marijuana (illegally) in my rental properties and the problem is going to increase with the passing of this new law. The issues with a potential increase in criminal behavior is particularly a concern multi-unit housing where shared space is present. Have any of you faced this issue? How have you dealt with it?
zero smoking in the property… insurance reasons, and it damages textile and stains walls… HAS ANYONE BEEN CHALLENGED? WILL IT COME TO BE AN ADA ISSUE?
Hi Bonnie, I see the potential for issues if the tenant is using marijuana for medicinal purposes particularly if the tenant is in poor health and immobile.
Smoking isn’t a protected class. And, if the consumption is for medical purposes, there is more than one way to consume marijuana other than smoking.
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The science is mounting that cannabis is, indeed, one of the most healing herbs on the planet. For tenants that have a legitimate need, I’d hate to deprive them of it. For youngsters who just want to slack off and party, I’d obviously say no. It’s easy to tell the difference if you allow your intuition guide you.
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