Meanwhile, Jones said another notable shift following marijuana legalization is underway.
“I think it is virtually inevitable,” Wegbreit said.
At first, he says a tenant would likely get a violation notice, though repeat offenders may have their leases terminated.
Above all, Jones says tenants should be mindful of their neighbors, especially when it comes to the smell. He expects most enforcement will follow complaints.
McCloud suspects this could be an issue with subsidized housing overseen by the federal government.
Previously, he said his company would drug test all new applicants. Now they have stopped testing for marijuana altogether, a growing trend across the state.
However, Central Virginia Legal Aid Society Litigation Director Martin Wegbreit suspects there will be issues at some point.
The law generally allows adults 21 and older to have up to an ounce of marijuana in public but it continues to ban public use.
“You can probably have a pot plant on the balcony because that is legal,” Jones said.
Can landlords change existing leases with their tenants to put new rules in place about smoking and growing cannabis on their properties?
Generally, the same prohibitions and rules that apply to recreational cannabis users will also apply to medical cannabis users. Tenants who have a prescription for medical cannabis and who live in smoke-free buildings should explore mutually agreeable options with their landlords.
Can tenants smoke cannabis for medical purposes on a property?
Residential property owners have legal authority to make their properties and premises smoke free. A provision has been added to the [Residential Tenancies Act][ to specifically provide that if a tenancy agreement entered into before the day Bill 6 received assent (June 1, 2018) restricts the smoking of tobacco, then that same restriction applies to the smoking of cannabis.
MassLandlords Worcester recently had a cannabis expert present to a group of landlords and tell them how to grow marijuana plants so they would know. There’s a free video online about the mold and fire risks of marijuana.
This means even if the landlord says “no smoking,” you can’t smoke or vape, but you can still eat hash or use concentrate. Be very careful! There are two exceptions to this freedom.
In Massachusetts, starting December 15, 2016, marijuana will be legal to use for recreation. The text of the law can be read here (or click the image):
Section 2(d)1 of the law says landlords can prohibit or regulate the “consumption, display, production, processing, manufacture or sale of marijuana and marijuana accessories” on or in property they own or manage.
If you bring weed into a federal facility, like a federal court, or in contact with a federal agent, like TSA at the airport, you can still be arrested or whatever the penalty is. This law applies to Massachusetts only!
Three Reasons Why Landlords Might Lawfully Say “No Marijuana”
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This means if the landlord doesn’t want it, they can say “no.” There is one exception: