Twenty-one states now allow their residents to purchase, possess and consume recreational cannabis while 37 states have medical marijuana programs. Millions of people now have access to cannabis for either medical or recreational purposes, but both state and federal laws prevent public consumption of marijuana. As a result, most people consume cannabis at home.
States laws that decriminalized cannabis allowed people to possess, grow and smoke cannabis in private residences including rental properties. While this isn’t a big issue for products such as edibles, extracts and creams, smoking at home can be a contentious issue, especially for people who are renting their homes.
As more states have legalized private cannabis consumption, there has been an increase in complaints from neighbors and landlords about tenants smoking at home.
In January, a 76-year-old Washington, DC, resident sued the District of Columbia over the smell of cannabis regularly wafting into her home. However, she may not have any legal recourse as private cannabis smoking is allowed by Washington, DC, state law.
If a landlord discovers that a tenant is smoking cannabis, they cannot terminate their lease based on that fact alone if they did not explicitly ban smoking in the rental agreement. On the other hand, a tenant cannot smoke cannabis in their home if their rental agreement stated that smoking on the property wasn’t allowed. If such a tenant smokes cannabis indoors, their actions will constitute a breach of contract, and their landlord will have a solid legal basis to terminate the lease.
The landlord will first be required to provide the tenant with three consecutive written warnings instructing them to stop smoking. After the third warning is issued, the landlord can cancel the lease agreement and give their tenant notice to vacate.
If you smoke cannabis or plan to smoke in the future, make sure your landlord has not included provisions banning indoor smoking in the rent agreement.
Additionally, note that even if your home is deemed a smoking unit, you will be required to prevent your smoking from damaging the home. You may also have to pay for any damage to the property caused by smoking to restore it to its condition before you moved in. This damage includes discolored walls or carpets that smell of marijuana and will need repainting and carpet cleaning or replacing to mitigate.
To keep yourself protected, make sure you review your rent agreement carefully and opt for a unit that allows smoking. Furthermore, you will want to take steps and prevent your smoking from damaging the home to reduce your costs when your lease elapses.
For patients who look to marijuana for therapeutic purposes, a less contentious option could soon be available if entities such as India Globalization Capital Inc. (NYSE American: IGC) succeed in getting FDA approval and commercializing formulations targeting different health complications.
NOTE TO INVESTORS: The latest news and updates relating to India Globalization Capital Inc. (NYSE American: IGC) are available in the company’s newsroom at https://cnw.fm/IGC
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