Q What does Ohio’s medical marijuana law allow?
A Effective Sept. 8, 2016, Ohio allows medical marijuana in a bound form: marijuana extracts awash by state-licensed dispensaries in oils, tinctures and patches primarily for bistro and applying to the skin. Vaporization of cannabis is acceptable alone if the cannabis is not smoked or set on fire. Ohio law still forbids the smoker or growing of any marijuana. Users charge be “qualified patients” with authentic medical altitude who get an “authorization” from a doctor to use medical marijuana.
Q Since Ohio law now allows bound use of medical marijuana, what does that beggarly for me as a residential landlord?
A Ohio’s new medical marijuana law conflicts with the federal law that applies to landlords. The Federal Controlled Substances Act of 1970 (CSA) forbids the use of any assigned marijuana, because marijuana is currently listed as a Schedule 1 biologic that doctors cannot prescribe. Further, the CSA forbids landlords from advisedly leasing rental apartment to a user, almsman or agriculturalist of any blazon of marijuana. Beneath the federal CSA, a freeholder may be prosecuted or lose its acreage for acceptance any marijuana use.
Q As a landlord, what charge I do to assure myself from federal prosecution?
A Change your charter to prohibit all forms of marijuana if this accent is not already included. Also, change your addressee alternative activity to exclude marijuana users if it does not exclude them already. Your rental appliance forms should ask applicants if they currently use actionable drugs, and the catechism should accurately name marijuana or all Schedule 1 drugs.
Q Charge I acquiesce the use of medical marijuana if a addressee claims s/he has a affliction and is a able accommodating beneath the law?
A If a addressee asks to use medical marijuana, there is a activity you can follow. First, beneath the federal Fair Apartment Act and the agnate Ohio law, the addressee charge be a being with disabilities as authentic by the U.S. Department of Apartment and Urban Development. Unless the affliction is readily credible or obvious, you can appeal a acceptance from a medical able acceptance that the addressee has disabilities and that medical marijuana is a disability-related need. If the addressee meets this antecedent requirement, the appeal charge be “reasonable.” Since the use, possession, or agronomics of any marijuana is a federal CSA violation, it is not reasonable for a addressee to ask a freeholder to breach federal law. In addition, federal law trumps accompaniment law. Even if a addressee meets HUD’s ogue of a being with disabilities and a medical able certifies a disability-related charge for medical marijuana, you do not accept to admittance the use of medical marijuana as an accommodation.
Q In added states that acquiesce medical marijuana, what has happened back tenants with disabilities appeal accommodations?
A A federal cloister in Detroit in 2014 disqualified that a freeholder did not accept to admittance a addressee with disabilities to use medical marijuana because the federal CSA had banned assigned marijuana. The aforementioned federal cloister additionally disqualified that the federal CSA aished Michigan’s medical marijuana laws. The 2014 case complex the smoker of marijuana. An Ohio cloister because the use of marijuana extracts, instead of marijuana that is smoked, potentially could aphorism differently.
Q As a landlord, charge I forbid the use of medical marijuana?
A If you still appetite to acquiesce medical marijuana use, you should chase the activity declared aloft with any applicants and tenants. Permitting one addressee to use medical marijuana after appointment affidavit and allurement addition addressee to abide affidavit for its use may accountable you to actionable apartment bigotry claims.
Q Can I accept not to renew a charter or adios a addressee for application medical marijuana?
A Yes, as continued as you accommodate the adapted control abortion apprehension appropriate beneath Ohio law and any applicative federal regulations or added federal requirements for assertive apartment types, such as accessible apartment and HUD apartment abetment programs operated by clandestine owners. The aforementioned goes for afterward Ohio law and any applicative federal regulations or requirements for filing boot lawsuits. Be acquainted that the addressee may booty action, such as requesting an adaptation to use medical marijuana or claiming actionable discrimination.
Q Where can I acquisition added admonition on Ohio’s medical marijuana program?
A Go to www.medicalmarijuana.ohio.gov. As of September 2016, rules are not yet available, but you will acquisition added admonition about the program.
This “Law You Can Use” cavalcade was provided by the Ohio Accompaniment Bar Association. It was able by Theresa E. Morelli, a abandoned practitioner at Theresa Morelli Law LLC in Akron, whose convenance is bound to residential acreage administration law for landlords and added apartment providers. This cavalcade offers accepted admonition about the law. It is not advised to be acknowledged advice. Seek an attorney’s admonition afore applying this admonition to a acknowledged problem.
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