smokerUp until recently it was pretty clear that if a tenant were to smoke marijuana in a home that they were renting that it would be grounds for eviction. Illegal activity is not acceptable under a lease and the landlord is well within their rights to evict when someone commits a crime on their property.

Things became a little less clear when the state of Colorado decided to legalize marijuana.

Because Colorado is the first state to legalize the drug and yet it is still considered illegal on a federal level the rules are not as clear as they might be in other cases. There are many sub-rules that prohibit the growing and smoking of marijuana within a certain distance from schools (in various cities and counties) and there's really no good answer to the question on how insurances will handle claims of damage linked to the growing and/or smoking of marijuana.

Currently if a lease has a no-smoking clause, this will pertain to marijuana smoking as well, even if the individual has a medical card.

ActiveRain posted a fantastic article about this that can be found here.
POSTED July 14 2014 10:09 AM

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