SOUTH DEERFIELD — The Landlord’s Business Association discussed some of the finer points of legal marijuana — such as if landlords can ban marijuana use on their property — during Thursday night’s meeting.
Northampton attorney Richard Evans was the guest speaker at the meeting. He explained some of the complexities where the new marijuana laws intersect with responsibilities and obligations of being a landlord.
About 20 people attended the meeting, where local landowners were able to ask questions about the law.
Evans is an advocate for marijuana law reform who was involved in the “Yes on Four” campaign.
He covered the history of the criminalization, discussed the new law and expanded on what the law means for landlords. Evans’ one major caveat was that the law is still in the hands of the legislature and could be changed before total implementation.
Evans said landlords have a lot of control over marijuana use within their properties, such as being able to discriminate against tenants who want to grow or use marijuana.
“You do not have to tolerate smoking in your building,” he said. “Whether it’s a wise business decision to do those things, that’s another issue.”
Still, a landlord can’t discriminate against a medical marijuana user by means other than smoking. Evans said landlords can still ban smoking because there are other means of consumption, like edibles and vaping.
Evans said unless the tenant agrees, a landlord can’t change an existing lease to explicitly prohibit marijuana. He encouraged landlords to be specific in the language of their leases, and make sure any language prohibiting smoking explicitly includes marijuana.
He also said there are many ways landlords can embrace the opportunities that the new law provides. He told a story of a Colorado developer who marketed his complexes as marijuana friendly, and the venture was profitable because of the demand.
Something that is still gray with legalization is how the Trump administration will enforce or not enforce federal laws banning marijuana use.
Evans said it is an odd time in history, and that many things will still change. He said there’s still a lot to figure out, considering prohibition of marijuana has been around for 100 years, and legalization and normalization is relatively new.
“The page of history is turning,” he said.
Reach Miranda Davis at
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