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Marijuana Use in Leased or Multi-Unit Residential Housing

Statewide Smoke-Free Housing Forum presented by Annie Murphy

April 7, 2016 from 9:00 to 10:00 am

In this webinar, Annie Murphy, attorney and partner at Dufford, Waldeck, Milburn & Krohn, LLP will discuss the conflicts of law that Colorado landlords and property managers are forced to wrestle with following the state constitutional amendments legalizing medical and recreational marijuana. Specifically, Annie will discuss:

  • Whether tenants are allowed to smoke/use marijuana in their leased residential homes or units. What if there is a “smoke-free” or “no smoking” policy?

  • Whether tenants who are registered users of medical marijuana are justified in smoking medically prescribed marijuana in their leased residential homes or units because they are disabled. Whether, under these circumstances, a tenant is entitled to a “reasonable accommodation” under the Fair Housing Act.”

  • Whether a housing provider/landlord can prohibit the use of marijuana in residential homes/units? What about federally subsidized housing?

  • Whether an owner can face liability for allowing the use of marijuana on their property.

  • What type of livability issues present themselves to owners/landlords/PMs when tenants use marijuana on the property?

  • Basic guidelines for property owners/managers/landlords who would like to prohibit or restrict the use/smoking of marijuana on their property.

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