With pot now legal in D.C., landlords face tough decisions
Cultivation, possession and consumption of marijuana is now legal in D.C., within limits, but that does not mean District landlords must allow it in their buildings.
The Apartment and Office Building Association of Metro D.C. is expected to issue a memorandum to its members on Thursday that explains the fledgling law and landlords’ rights with regard to the recreational use of pot. The law legalizing the possession of up to two ounces of marijuana, the cultivation of up to six plants and the use in private homes by individuals over the age of 21, took effect at 12:01 a.m.
Landlords, Bowden said, will be advised to look at their existing policies and leases to determine where they currently stand, and whether any changes need to be made. It will be the landlord’s call, Bowden said, based on “what they’re comfortable with.” If the odor of pot smoke is a major complaint driver, or if the electricity used by tenants to grow pot causes power bills to surge, owners may want to close the door on marijuana.
Tenants, of course, also should check their leases before lighting up.
In some cases, despite the local law, marijuana may simply not be allowed. A non-smoking building is the most obvious situation, though that would not preclude other methods of marijuana consumption, such as brownies.
For example, some leases may include a crime and drug-free provision, in which the language is tied to federal drug law. If that’s the case, then the building will likely remain marijuana-free, because under federal law, pot is a Schedule 1 substance. The manufacture, distribution or possession remains a federal criminal offense.
Also, pot is prohibited in any building that was constructed with federal financial assistance. The Department of Housing and Urban Development issued a memo on Dec. 29 making clear that owners “must deny admission to assisted housing for any household with a member determined to be illegally using a controlled substance, e.g., marijuana.” And owners must establish policies that allow for lease termination when any member of a household is found to be using marijuana.
Source: BizJournals.com
Accessibility