Katelyn Baker
Well-Known Member
Q What does Ohio's medical marijuana law allow?
A Effective Sept. 8, 2016, Ohio allows medical marijuana in a limited form: marijuana extracts sold by state-licensed dispensaries in oils, tinctures and patches primarily for eating and applying to the skin. Vaporization of cannabis is permitted only if the cannabis is not smoked or set on fire. Ohio law still forbids the smoking or growing of any marijuana. Users must be "qualified patients" with specified medical conditions who get an "authorization" from a doctor to use medical marijuana.
Q Since Ohio law now allows limited use of medical marijuana, what does that mean for me as a residential landlord?
A Ohio's new medical marijuana law conflicts with the federal law that applies to landlords. The Federal Controlled Substances Act of 1970 (CSA) forbids the use of any prescribed marijuana, because marijuana is currently listed as a Schedule 1 drug that doctors cannot prescribe. Further, the CSA forbids landlords from knowingly leasing rental housing to a user, possessor or cultivator of any type of marijuana. Under the federal CSA, a landlord may be prosecuted or lose its property for allowing any marijuana use.
Q As a landlord, what must I do to protect myself from federal prosecution?
A Change your lease to prohibit all forms of marijuana if this language is not already included. Also, change your tenant selection policy to exclude marijuana users if it does not exclude them already. Your rental application forms should ask applicants if they currently use illegal drugs, and the question should specifically name marijuana or all Schedule 1 drugs.
Q Must I allow the use of medical marijuana if a tenant claims s/he has a disability and is a qualified patient under the law?
A If a tenant asks to use medical marijuana, there is a process you can follow. First, under the federal Fair Housing Act and the equivalent Ohio law, the tenant must be a person with disabilities as defined by the U.S. Department of Housing and Urban Development. Unless the disability is readily apparent or obvious, you can request a certification from a medical professional verifying that the tenant has disabilities and that medical marijuana is a disability-related need. If the tenant meets this initial requirement, the request must be "reasonable." Since the use, possession, or cultivation of any marijuana is a federal CSA violation, it is not reasonable for a tenant to ask a landlord to violate federal law. In addition, federal law trumps state law. Even if a tenant meets HUD's definition of a person with disabilities and a medical professional certifies a disability-related need for medical marijuana, you do not have to permit the use of medical marijuana as an accommodation.
Q In other states that allow medical marijuana, what has happened when tenants with disabilities request accommodations?
A A federal court in Detroit in 2014 ruled that a landlord did not have to permit a tenant with disabilities to use medical marijuana because the federal CSA had prohibited prescribed marijuana. The same federal court also ruled that the federal CSA superseded Michigan's medical marijuana laws. The 2014 case involved the smoking of marijuana. An Ohio court considering the use of marijuana extracts, instead of marijuana that is smoked, potentially could rule differently.
Q As a landlord, must I forbid the use of medical marijuana?
A If you still want to allow medical marijuana use, you should follow the process described above with any applicants and tenants. Permitting one tenant to use medical marijuana without submitting documentation and asking another tenant to submit documentation for its use may subject you to unlawful housing discrimination claims.
Q Can I choose not to renew a lease or evict a tenant for using medical marijuana?
A Yes, as long as you provide the appropriate tenancy termination notice required under Ohio law and any applicable federal regulations or other federal requirements for certain housing types, such as public housing and HUD housing assistance programs operated by private owners. The same goes for following Ohio law and any applicable federal regulations or requirements for filing eviction lawsuits. Be aware that the tenant may take action, such as requesting an accommodation to use medical marijuana or claiming unlawful discrimination.
Q Where can I find more information on Ohio's medical marijuana program?
A Go to Medical Marijuana Control Program. As of September 2016, rules are not yet available, but you will find other information about the program.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Law You Can Use - Medical Marijuana's Impact On Residential Landlords
Author: Ohio State Bar Association
Contact: 440-245-6901
Photo Credit: Drew Angerer
Website: The Morning Journal
A Effective Sept. 8, 2016, Ohio allows medical marijuana in a limited form: marijuana extracts sold by state-licensed dispensaries in oils, tinctures and patches primarily for eating and applying to the skin. Vaporization of cannabis is permitted only if the cannabis is not smoked or set on fire. Ohio law still forbids the smoking or growing of any marijuana. Users must be "qualified patients" with specified medical conditions who get an "authorization" from a doctor to use medical marijuana.
Q Since Ohio law now allows limited use of medical marijuana, what does that mean for me as a residential landlord?
A Ohio's new medical marijuana law conflicts with the federal law that applies to landlords. The Federal Controlled Substances Act of 1970 (CSA) forbids the use of any prescribed marijuana, because marijuana is currently listed as a Schedule 1 drug that doctors cannot prescribe. Further, the CSA forbids landlords from knowingly leasing rental housing to a user, possessor or cultivator of any type of marijuana. Under the federal CSA, a landlord may be prosecuted or lose its property for allowing any marijuana use.
Q As a landlord, what must I do to protect myself from federal prosecution?
A Change your lease to prohibit all forms of marijuana if this language is not already included. Also, change your tenant selection policy to exclude marijuana users if it does not exclude them already. Your rental application forms should ask applicants if they currently use illegal drugs, and the question should specifically name marijuana or all Schedule 1 drugs.
Q Must I allow the use of medical marijuana if a tenant claims s/he has a disability and is a qualified patient under the law?
A If a tenant asks to use medical marijuana, there is a process you can follow. First, under the federal Fair Housing Act and the equivalent Ohio law, the tenant must be a person with disabilities as defined by the U.S. Department of Housing and Urban Development. Unless the disability is readily apparent or obvious, you can request a certification from a medical professional verifying that the tenant has disabilities and that medical marijuana is a disability-related need. If the tenant meets this initial requirement, the request must be "reasonable." Since the use, possession, or cultivation of any marijuana is a federal CSA violation, it is not reasonable for a tenant to ask a landlord to violate federal law. In addition, federal law trumps state law. Even if a tenant meets HUD's definition of a person with disabilities and a medical professional certifies a disability-related need for medical marijuana, you do not have to permit the use of medical marijuana as an accommodation.
Q In other states that allow medical marijuana, what has happened when tenants with disabilities request accommodations?
A A federal court in Detroit in 2014 ruled that a landlord did not have to permit a tenant with disabilities to use medical marijuana because the federal CSA had prohibited prescribed marijuana. The same federal court also ruled that the federal CSA superseded Michigan's medical marijuana laws. The 2014 case involved the smoking of marijuana. An Ohio court considering the use of marijuana extracts, instead of marijuana that is smoked, potentially could rule differently.
Q As a landlord, must I forbid the use of medical marijuana?
A If you still want to allow medical marijuana use, you should follow the process described above with any applicants and tenants. Permitting one tenant to use medical marijuana without submitting documentation and asking another tenant to submit documentation for its use may subject you to unlawful housing discrimination claims.
Q Can I choose not to renew a lease or evict a tenant for using medical marijuana?
A Yes, as long as you provide the appropriate tenancy termination notice required under Ohio law and any applicable federal regulations or other federal requirements for certain housing types, such as public housing and HUD housing assistance programs operated by private owners. The same goes for following Ohio law and any applicable federal regulations or requirements for filing eviction lawsuits. Be aware that the tenant may take action, such as requesting an accommodation to use medical marijuana or claiming unlawful discrimination.
Q Where can I find more information on Ohio's medical marijuana program?
A Go to Medical Marijuana Control Program. As of September 2016, rules are not yet available, but you will find other information about the program.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Law You Can Use - Medical Marijuana's Impact On Residential Landlords
Author: Ohio State Bar Association
Contact: 440-245-6901
Photo Credit: Drew Angerer
Website: The Morning Journal
