Windsor Attorney discusses Pot Smoking Renters
Can my renter smoke pot in Colorado?
The simple question has a complicated answer, maybe. Most all leases will be silent as to this question. The nearest provision may be a clause prohibiting smoking in the premises. While smoking pot may be argued under a smoking clause, pot can be consumed in a variety of different ways other than smoking, escaping the smoking prohibition that may be contained in a lease. The law is developing in this area but is currently unsettled. While recreational and medical use of marijuana is permitted under Colorado Law, possession and use is still illegal under Federal Law. For landlords looking for added protections to their property and a possible reason to evict tenant for pot use, now would be a good time to revisit the terms and conditions of the lease agreement and add an addendum covering the prohibition or use of pot in the rental premises.
If you are a landlord or a tenant and have questions regarding use of recreational or medical marijuana please contact Black Suit Law today for your free consultation.