Despite changes in Washington State law, landlords can still prevent or restrict tenant marijuana use on a rental property. Much like smoking cigarettes, landlords can prohibit legal activities. As for medical marijuana usage, tenants are not protected under the Americans with Disabilities Act because marijuana growing and possession are still considered a crime under federal law. However, a landlord who wants to evict a tenant solely because of marijuana usage may find it difficult to do so since it is legal under state law. Landlords who wish to ban the production and usage of marijuana should consider a clause in the lease thatbans smoking indoors and stipulates that the production and distribution of drugs, in violation of state or federal laws, is a violation of the lease.
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There are no warranties, express or implied, including fitness for a particular purpose, made with respect to this communication. Nothing found herein should be construed as an attempt to offer or render a legal opinion or otherwise engage in the practice of law. You should obtain the advice of an attorney well versed in these matters.
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