Greetings Colleagues!
After this historic election a lot of
things will be changing in New England, specifically in Massachusetts
and Maine, but one of the biggest changes is the legalization of
recreational
marijuana!
Many of you saw the referendum questions
on your voting ballot, and I’m sure you heard about them all in the
media; but what does it mean now that we’ve voted “Yes”? What actually
passed?
Though Massachusetts and Maine have
slight differences, they both legalize three main things: The
recreational use, possession, growth and (licensed) sale of marijuana.
Implementing regulations similar to alcohol sale and consumption.
Marijuana can be consumed recreationally,
grown for personal consumption and sold by licensed retailers. All
three of which only apply to individuals over the age of 21.
Though don’t expect “pot shops” to pop up
on every street corner just yet; we don’t have to worry about any
licenses being issued until January 1, 2018.
In Maine there is still the chance of a
recount, however in Mass., residents can possess under one ounce on
their person, under 10 ounces in their home, and up to six plants for
personal consumption effective Dec. 15, 2016.
Regardless of your personal opinion on
whether this should have passed, it has. Now we have to examine what
this will mean at your properties.
So which law governs, State or Federal?
At this time, that is a complicated question with some states legalizing
recreational marijuana and others legalizing medical marijuana use, it
really becomes confusing. Which is why HUD recommends to have a specific
marijuana policy. Detailing your property’s rules and regulations
regarding this substance.
We believe this method should be used at
both subsidized and market rate properties. Though market rate
apartments don’t have a federal subsidy and state law usually controls,
it is an effective method for controlling the substance use at your
property.
Possessing marijuana at your complex may
also lead to other unintended consequences including drug trafficking
and unsavory visitors to the apartment. While your lease may have
provisions that would cover some of these issues (i.e. a smoking policy,
or nuisance clauses), we have found that where the law is “unclear”
tenants (and legal services) will attempt to use this “confusion” to
avoid being evicted.
If you provide a clear policy to your
tenants regarding the use, growth, sale and possession of marijuana on
the property and enforce the policy uniformly, you are less likely to
face these issues when you get to court. Additionally, having a policy
will help to avoid any claims of discrimination in enforcing the terms
of your lease.
This law goes into effect SOON, so if you
don’t have a marijuana policy already, or if you do but it needs to be
revised due to the recent development, contact our office. Flynn Law
Group has the experience and expertise to develop a strong marijuana
policy for your property!
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