Wednesday, February 12, 2020 – Legal Marijuana Update

Current State

  • 33 states, D.C., Guam, Puerto Rico, and the US Virgin Islands have legalized medical marijuana
  • 11 states and D.C. have legalized recreational use
  • October 2018 Canada legalized marijuana federally, being the first G7 country to do so
  • Mexico’s Supreme Court ruled marijuana prohibition unconstitutional, paving the way for federal
  • Recent Pew Poll shows that 67% of Americans think all marijuana use should be legalized, 91% support legalizing medical marijuana
  • Farm Bill signed in 2018 legalizes hemp production in all 50 states.
  • Hemp is made from the cannabis plant, but does not contain THC, the active compound that gets folks high
  • Hemp can be used to produce CBD oil which is used medicinally

In Massachusetts

  • Currently has 33 recreational marijuana dispensaries, more are being
    approved on a rolling basis
  • Patient or caregiver can have 60 day supply of medical marijuana
  • Patients with limited access to dispensary can obtain hardship registration from the Dept of Pub lic Health to cultivate a 60 day supply in their own home
  • Recreational Use: 1oz individually, 10oz in your home
  • Recreational Grow: 6 plants individually, up to 12 plants for 2+ adults
  • Grower can give away up 1oz, but only to adults over 21 years
  • Intersection between Federal vs. State law
  • HUD prohibition in federally assisted properties
  • Owners must deny admission to those illegally using a controlled substance
  • Schedule 1 controlled substance

Risks of Marijuana Use: Landlords and HOAs

  • Property Damage
    Strong skunk-like odors
    Growing requires water, heat, intense light which can lead to mold and fire hazards
    Insurance claims will claim not to cover damage from federally illegal acts
  • Secondhand Smoke
    Harmful toxins, carcinogens, irritants
    Noxious odor for tenants/children
  • Federal implications
    HUD prohibition and Property seizure


[download Legal Marijuana Update presentation]


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