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It’s incumbent on practitioners who work as property managers to monitor changing laws, as more than half of the country’s 1.1 million REALTORS® live in jurisdictions where marijuana is legal in some form, according to NAR.
Here’s a possible scenario: A medical marijuana patient asks her landlord to let her smoke pot in her apartment.
“As far as evictions go, enforcement [in states that have legalized marijuana] has gone from criminal to civil, and that’s very difficult,” says Fred Prassas, CPM, GRI, a founding member of property management firm PMC Management Group in La Crosse, Wisc., and a real estate professor at the University of Wisconsin-Stout.
Prassas, a former president of the Institute of Real Estate Management, spoke about the topic at NAR’s property management forum last May.
“State laws give landlords the right to prohibit marijuana,” he says, but in states where use is legal, judges may not uphold such prohibitions.
So far, Prassas says, cases of this nature are only beginning to show up in lower courts, and no recorded decisions have been made yet.
JANUARY 2015 | BY GRAHAM WOOD – Realtor Mag As the movement to legalize marijuana blazes through the nation, landlords and building managers may be wondering whether the right to ban the drug from their properties is going up in smoke. State laws legalizing some form of pot use don’t prevent landlords from writing lease agreements prohibiting marijuana on their properties.