APARTMENT ADVOCATE
NATIONAL APARTMENT ASSOCIATION /
NATIONAL MULTIFAMILY HOUSING COUNCIL
The Seeds of Discontent
T
he industry is caught in the
middle of the act of social
revolution. Okay, it may not be
that dramatic, but stay with us.
Owing to the nature of housing as a need,
and the apartment industry’s nature as the
most efficient and affordable way to provide
housing to people, we are involved in the
national dialogue on a range of issues; some
that years ago we may not ever have expected.
One such issue is the evolving and sometimes
confusing situation surrounding marijuana in
America, both in the states and federally.
While marijuana remains illegal under
federal law according to the Controlled
Substance Act (CSA), state governments
are decriminalizing the drug and regulating
its lawful use for medical and recreational
purposes nonetheless. Both at the ballot
box or in the statehouse, the legalization of
34 | TRENDS JULY 2019
marijuana is becoming more prevalent at the
state level in many areas of the country.
Regardless of a property’s rules and
policies against smoking in an apartment unit
or at the community in general, owners must
remember that some residents possess the
right to use marijuana for medical reasons,
according to specific state fair housing laws.
Numerous states have enacted provisions
that permit owners to prohibit residents
who are qualifying patients from smoking
marijuana on leased property. This does not,
however, restrict the patient from consuming
marijuana in other forms, such as edibles
or vaporization. Additionally, some states
have passed regulations that allow owners to
restrict smoking marijuana on the property if
smoking, in general, is prohibited in the lease.
Further, there are justifiable concerns and
confusion regarding the home cultivation of
marijuana in apartment properties. States are
beginning to allow qualifying patients to grow
a number of marijuana plants at home. This
presents a budding problem with many facets.
Growing marijuana indoors requires a
large amount of light and humidity, which
may lead to health issues. Research shows
that growing marijuana indoors increases the
level of mold spores to ten times the amount
found in outdoor samples. Such a policy may
pose as a severe health hazard for residents,
as exposure to mold can lead to serious upper
respiratory tract problems. Cultivation also
has the potential to result in increased utility
cost across the community, if utilities are
included in the rent.
It is important to note once more that
while marijuana legalization is on the rise,
it remains prohibited as a Schedule 1 drug
under federal law, as listed in the CSA.
www.aamdhq.org