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Updated over 9 years ago on . Most recent reply

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Michael McDevitt
  • full-time CPA & part-time RE Investor
  • Colorado Springs, CO
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Marijuana Question from a Prospective Tenant

Michael McDevitt
  • full-time CPA & part-time RE Investor
  • Colorado Springs, CO
Posted

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?

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Russell Brazil
  • Real Estate Agent
  • Washington, D.C.
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Russell Brazil
  • Real Estate Agent
  • Washington, D.C.
ModeratorReplied

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.

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