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Marijuana

Marijuana

Issue Overview

While marijuana remains an illegal substance under federal law according to the Controlled Substance Act, state governments are decriminalizing the drug and regulating its lawful use for medical and recreational purposes, in addition to allowing home cultivation. This creates understandable confusion regarding the enforcement of new marijuana regulations by industry stakeholders, as new state policies conflict with federal law. 

As an Owner or Operator, How Does this Affect My Business?

As legalization becomes more prevalent, many concerns, such as smoking in units and home cultivation, occur for apartment owners and operators. It is important to note that marijuana remains classified as a Schedule 1 drug under federal law, as listed in the Controlled Substance Act (CSA). This is crucial if the property receives federal funding, as it is possible to lose federal funding or tax status if the property permits marijuana usage or home cultivation.