Robert Celt
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Medical marijuana may be legal in Arizona, but using it can still get you kicked out of your home.
Some Valley landlords have provisions in their leases that specifically ban medical marijuana use, even by card-holding patients, and a violation can result in eviction.
Vince Borinsky said he was evicted from a Mesa apartment complex in 2011 for using and growing medical marijuana, even though he had a state-approved medical marijuana card to do so. Borinsky said he needs cannabis to help him cope with cancer and hepatitis C.
"The only thing that really takes the nausea and the nastiness away is to smoke a little weed," he said. "It's nowhere near fair."
Although the Arizona Medical Marijuana Act has provisions that protect cardholders from civil penalties, experts say federal law puts landlords in a tricky position.
"Because the U.S. Department of Housing and Urban Development is controlled by the federal government, it agrees that the use of marijuana, whether prescribed for medical reasons or not, is a criminal offense and will not be protected under the fair housing laws," reads a lease addendum from one real estate company that owns seven large apartment communities in the Valley. "Therefore, apartment complexes are not required to accommodate the use of marijuana by a tenant who is a current medical marijuana user."
However, two attorneys with Scottsdale-based Rose Law Group rejected that assertion because eviction actions are handled by state courts, not federal ones.
"There's a difference between what they can write in their lease and what they can enforce in their lease," said attorney Logan Elia. "I would argue that an apartment complex cannot ban medical marijuana use in the state of Arizona."
Elia points to a provision in the Arizona Medical Marijuana Act that says "a registered qualifying patient... is not subject to arrest, prosecution or penalty in any manner" for using permitted amounts of medical marijuana, but he admits there's no clear legal precedent when it comes to the conflict with federal law.
Marijuana advocate Daron Babin, the former state chair of NORML Arizona, said he sympathizes with landlords.
"The reason why landlords do this is to protect their assets," Babin said. "Because of the Schedule 1 status, it gives the federal government the ability at any moment to come in and seize your property [under asset forfeiture law]. That's what landlords are worried about."
He said marijuana legalization initiatives currently gathering signatures in Arizona will not address this problem.
"Until the federal government takes their hands off, or at least reschedules, we're stuck in this weird dichotomy," Babin said.
News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: Legal 'Gray Area' Leaves Arizona Medical Marijuana Patients At Risk For Eviction
Author: Derek Staahl
Photo Credit: Wikimedia
Website: KITV
Some Valley landlords have provisions in their leases that specifically ban medical marijuana use, even by card-holding patients, and a violation can result in eviction.
Vince Borinsky said he was evicted from a Mesa apartment complex in 2011 for using and growing medical marijuana, even though he had a state-approved medical marijuana card to do so. Borinsky said he needs cannabis to help him cope with cancer and hepatitis C.
"The only thing that really takes the nausea and the nastiness away is to smoke a little weed," he said. "It's nowhere near fair."
Although the Arizona Medical Marijuana Act has provisions that protect cardholders from civil penalties, experts say federal law puts landlords in a tricky position.
"Because the U.S. Department of Housing and Urban Development is controlled by the federal government, it agrees that the use of marijuana, whether prescribed for medical reasons or not, is a criminal offense and will not be protected under the fair housing laws," reads a lease addendum from one real estate company that owns seven large apartment communities in the Valley. "Therefore, apartment complexes are not required to accommodate the use of marijuana by a tenant who is a current medical marijuana user."
However, two attorneys with Scottsdale-based Rose Law Group rejected that assertion because eviction actions are handled by state courts, not federal ones.
"There's a difference between what they can write in their lease and what they can enforce in their lease," said attorney Logan Elia. "I would argue that an apartment complex cannot ban medical marijuana use in the state of Arizona."
Elia points to a provision in the Arizona Medical Marijuana Act that says "a registered qualifying patient... is not subject to arrest, prosecution or penalty in any manner" for using permitted amounts of medical marijuana, but he admits there's no clear legal precedent when it comes to the conflict with federal law.
Marijuana advocate Daron Babin, the former state chair of NORML Arizona, said he sympathizes with landlords.
"The reason why landlords do this is to protect their assets," Babin said. "Because of the Schedule 1 status, it gives the federal government the ability at any moment to come in and seize your property [under asset forfeiture law]. That's what landlords are worried about."
He said marijuana legalization initiatives currently gathering signatures in Arizona will not address this problem.
"Until the federal government takes their hands off, or at least reschedules, we're stuck in this weird dichotomy," Babin said.
News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: Legal 'Gray Area' Leaves Arizona Medical Marijuana Patients At Risk For Eviction
Author: Derek Staahl
Photo Credit: Wikimedia
Website: KITV
