While marijuana remains a controlled substance under federal law, the legalization of marijuana for medical and/or recreational purposes at the state level has become a hot button issue as many housing providers seek to balance the safety and health of residents who wish to use marijuana in their apartments with those who do not. Additionally, housing providers whose properties are classified as public housing may have additional requirements to consider, particularly if the property operates in a state where marijuana use and/or cultivation is allowed under state law. Below are resources that provide additional information to help housing providers navigate the applicable law(s).
While the national trend toward relaxing marijuana policy at the state level is clear, policymakers should remember marijuana remains illegal under federal law. State laws should set clear expectations for owners and residents and carefully balance the risks associated with permitting an illegal substance on community property.
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.