Littleton, CO · Member since 2012 · 11 posts · 0 votes
Does someone know the correct (legal) terms to add to a rental lease regarding the use of marijuana now that it is legal in Colorado. Is it simply indicated as "no animals, no children, no smoking, etc. ??
What about "medical" marijuana?
Are we now obligated to accept that ridiculousness?
I assume you've never had a malady that creates a need for something to boost your appetite or take away nausea. Some cancer patients have only medical marijuana to lean on to answer those two symptoms of their disease. Sorry you think it's ridiculous.
I've been wondering about this too. If it's important to you, I'd call it out and say: no smoking of any substance, which includes, but is not limited to tobacco and marijuana.
I've never seen marijuana smoke damage, though I'm sure it must exist, and I've managed some properties where there was no shortage of marijuana smoking. Maybe it's a CA thing, but I don't have any friends or family here who smoke, but I sure know a lot of people who use marijuana daily or on occasion. The marijuana smokers I know all have serious aversion to tobacco smoking and don't allow smoking in their homes or even their yards. Some of them also don't drink alcohol and don't serve or allow alcohol at their properties or events. It's going to be interesting to see how this will play out with tenant/landlord laws. And how medical marijuana tenants will be affected.
Personally, I could care less about marijuana smoking as I've never seen the damage. While it's not legal in CA, it's virtually been decriminalized since it became a misdemeanor under our last governor. But I can imagine some properties with neighbors or units that are close together being a problem.
I suggest banishing "no children" from your landlord vocabulary. They are a protected class and you would be in violation of federal fair housing laws for ever uttering it unless your property is in an exempt senior community or property in which you also live.
"No children" -- you can't do that, unless you're a roommate or PERHAPS if you live on the property and it's only 3 other units?? Check on this. Even then, if you have some way to legally exclude them, never ever say "no children."
You MIGHT be able to limit occupancy per bedroom, depending on your city.
"No smoking of any substance on property or grounds."
What about "medical" marijuana?
Are we now obligated to accept that ridiculousness?
If you're banning marijuana because of the smoking aspect of it, then a simple "No smoking of any substance" should be sufficient. If they have a medical need, then so be it, though I would think that you could put it in your lease that they must smoke it outside. If you're banning it because you feel it's an illicit drug, then you'll also need to ban alcohol of any kind as well. Both are, by definition, legal now.
What about "medical" marijuana?
Are we now obligated to accept that ridiculousness?
I assume you've never had a malady that creates a need for something to boost your appetite or take away nausea. Some cancer patients have only medical marijuana to lean on to answer those two symptoms of their disease. Sorry you think it's ridiculous.
Section 6.D of amendment 64 has a carve out the permits CO landlords to prohibit use in any way they see fit. This is different from CA and other states where permitted use is medical in nature, and the substance is viewed as 'medicine:'
(d) NOTHING IN THIS SECTION SHALL PROHIBIT A PERSON, EMPLOYER, SCHOOL, HOSPITAL, DETENTION FACILITY, CORPORATION OR ANY OTHER ENTITY WHO OCCUPIES, OWNS OR CONTROLS A PROPERTY FROM PROHIBITING OR OTHERWISE REGULATING THE POSSESSION, CONSUMPTION, USE, DISPLAY, TRANSFER, DISTRIBUTION, SALE, TRANSPORTATION, OR GROWING OF MARIJUANA ON OR IN THAT PROPERTY.