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Bill on landlord banning of medical marijuana being considered

There are many different rules here in Michigan regarding what sorts of prohibitions landlords can and cannot put in the leases they form with tenants. Currently, a bill is before the state's legislature which would clarify what the rule is when it comes to the permissibility of landlord bans on medical marijuana use.

In 2008, Michigan voters approved a law which legalized medical marijuana. One question that arose after this was: are landlords allowed to prohibit tenants from smoking medical marijuana on rented properties? In 2011, the Michigan Attorney General issued an opinion indicating that the answer to this question is yes.

Some claim that, despite this opinion, that there is still quite a bit of confusion and lack of clarity on the matter.

The above-mentioned bill would amend the medical marijuana legalization law so that it would contain language expressly allowing landlords to ban tenants from using medical marijuana on rental properties.

The bill was recently approved by the state's senate, and will now go before the state's house.

What are your opinions on officially putting a law on the books permitting landlord bans on medical marijuana use? Do you think the above-mentioned bill should be passed?

When coming up with terms for the leases they offer to tenants, it can be important for landlords to have a clear understanding of what things state law allows and prohibits when it comes to leases. Lawyers can assist landlords in ensuring that the leases they are offering are consistent with state laws.

Source: mlive, "Should landlords be able to ban medical marijuana? Michigan Senate OKs bill to amend 2008 law," Jonathan Oosting, March 10, 2015

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