Katelyn Baker
Well-Known Member
On Dec. 15, 2016, marijuana will be legal in Massachusetts. If you're over the age of 21, there will be no criminal penalties for possessing up to one ounce of marijuana outside your residence.
People can possess up to 10 ounces inside residences, and the growing of up to six marijuana plants per person, 12 plants per household, is permitted for personal use.
But what if you're renting? More than 829,000 people in Massachusetts are renters.
Recreational marijuana consumers should not expect the right to possess or consume marijuana in a leased property without their landlord's permission.
That means check with your landlord and read your lease.
"Some landlords might be fine with it, and others would say absolutely not," says Adam Fine, an attorney who helped craft the marijuana legalization law that was placed on the November 2016 ballot.
Some landlords could put something in the lease that says you can't do anything that violates federal law, or anything that creates a nuisance.
Marijuana remains illegal under federal law. For landlords who deal with federal funding — Section 8 housing is one example — they have to comply with federal law.
"No smoking" policies inside buildings would remain in effect, too.
Landlords can ban smoking, growing, production and displays of marijuana on any premises they own or manage.
In the law, there is a very narrow exemption for people who eat marijuana edibles (like a pot brownie), according to Fine. That's based on the idea that if you're consuming an edible, you're not bothering anyone else, as opposed to smoking, which causes an odor and bother somebody elsewhere in the building.
"The bottom line is people need to understand it's not their property, it's someone else's and they have lease obligations and this is something the landlord can restrict," Fine said.
Tenants in affordable housing should be careful, according to Fine.
"There's a real risk there of losing housing that is affordable and not being able to do it in the future," Fine said.
One concern among property owners is the federal government seizing an asset through civil asset forfeiture. They point to a case in Tewksbury, where the federal government seized a motel because prosecutors alleged the owner was turning a blind eye to crime. The Lowell Sun reported in 2013 the judge in the case later dismissed the government's attempt.
If a landlord advertises a property as cannabis-friendly, the federal government could shut it down, according to Doug Quattrochi, executive director of MassLandlords Inc., an advocacy group for landlords.
His advice to landlords: If your business strategy is to cater towardsrenters who smoke, consider cannabis friendly apartments, but make sure you're comfortable with the risk under federal law. If you're a landlord who intends on maintaining a no cannabis or no smoking policy, send out a letter, text message or email to all your tenants to explain the law going into effect.
Court cases over the next few years could establish better and more explicit ground rules for landlords and tenants, he said.
That's likely the case as well with medical marijuana. In 2012, Massachusetts voters approved marijuana for medical use, but just nine dispensaries are open.
Medical marijuana is under a separate system, overseen by the state Department of Public Health, while the implementation of the recreational marijuana law is being overseen by the state treasurer's office, which is tasked with setting up a Cannabis Control Commission.
Medical marijuana is a "different story" for landlords and tenants, according to Fine, the attorney, since a tenant who is a medical marijuana patient has the right to not be discriminated against based on a disability or medical condition.
On the recreational marijuana side, the new law lays out a timeline, which could end up getting changed by state lawmakers on Beacon Hill, that says retail pot shops could open in 2018, after a regulatory structure is set up.
Legalization supporters hope landlords will eventually start treating marijuana like a glass of wine, as the stigma of the substance slowly dissipates.
"People over time will see it for what it is, a recreational substance," Fine said.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: If You Rent An Apartment In MA, You May Not Be Able To Use Marijuana At Home
Author: Gintautas Dumcius
Contact: MassLive
Photo Credit: Shaina Mishkin
Website: MassLive
People can possess up to 10 ounces inside residences, and the growing of up to six marijuana plants per person, 12 plants per household, is permitted for personal use.
But what if you're renting? More than 829,000 people in Massachusetts are renters.
Recreational marijuana consumers should not expect the right to possess or consume marijuana in a leased property without their landlord's permission.
That means check with your landlord and read your lease.
"Some landlords might be fine with it, and others would say absolutely not," says Adam Fine, an attorney who helped craft the marijuana legalization law that was placed on the November 2016 ballot.
Some landlords could put something in the lease that says you can't do anything that violates federal law, or anything that creates a nuisance.
Marijuana remains illegal under federal law. For landlords who deal with federal funding — Section 8 housing is one example — they have to comply with federal law.
"No smoking" policies inside buildings would remain in effect, too.
Landlords can ban smoking, growing, production and displays of marijuana on any premises they own or manage.
In the law, there is a very narrow exemption for people who eat marijuana edibles (like a pot brownie), according to Fine. That's based on the idea that if you're consuming an edible, you're not bothering anyone else, as opposed to smoking, which causes an odor and bother somebody elsewhere in the building.
"The bottom line is people need to understand it's not their property, it's someone else's and they have lease obligations and this is something the landlord can restrict," Fine said.
Tenants in affordable housing should be careful, according to Fine.
"There's a real risk there of losing housing that is affordable and not being able to do it in the future," Fine said.
One concern among property owners is the federal government seizing an asset through civil asset forfeiture. They point to a case in Tewksbury, where the federal government seized a motel because prosecutors alleged the owner was turning a blind eye to crime. The Lowell Sun reported in 2013 the judge in the case later dismissed the government's attempt.
If a landlord advertises a property as cannabis-friendly, the federal government could shut it down, according to Doug Quattrochi, executive director of MassLandlords Inc., an advocacy group for landlords.
His advice to landlords: If your business strategy is to cater towardsrenters who smoke, consider cannabis friendly apartments, but make sure you're comfortable with the risk under federal law. If you're a landlord who intends on maintaining a no cannabis or no smoking policy, send out a letter, text message or email to all your tenants to explain the law going into effect.
Court cases over the next few years could establish better and more explicit ground rules for landlords and tenants, he said.
That's likely the case as well with medical marijuana. In 2012, Massachusetts voters approved marijuana for medical use, but just nine dispensaries are open.
Medical marijuana is under a separate system, overseen by the state Department of Public Health, while the implementation of the recreational marijuana law is being overseen by the state treasurer's office, which is tasked with setting up a Cannabis Control Commission.
Medical marijuana is a "different story" for landlords and tenants, according to Fine, the attorney, since a tenant who is a medical marijuana patient has the right to not be discriminated against based on a disability or medical condition.
On the recreational marijuana side, the new law lays out a timeline, which could end up getting changed by state lawmakers on Beacon Hill, that says retail pot shops could open in 2018, after a regulatory structure is set up.
Legalization supporters hope landlords will eventually start treating marijuana like a glass of wine, as the stigma of the substance slowly dissipates.
"People over time will see it for what it is, a recreational substance," Fine said.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: If You Rent An Apartment In MA, You May Not Be Able To Use Marijuana At Home
Author: Gintautas Dumcius
Contact: MassLive
Photo Credit: Shaina Mishkin
Website: MassLive
