Should I put marijuana rules in my leases?

Whether you should prohibit marijuana use completely or allow it in certain forms (e.g., smoking versus edibles or concentrates) is up to you and is a decision that should be made with an understanding of local marijuana laws.

Even in states that allow the consumption of marijuana, smoke or other perceived negative aspects of marijuana use could certainly impact neighbors or other tenants. On the other hand, there is growing evidence of the marketability of openly allowing marijuana use. For example, there are hotels and bed and breakfasts in Washington that use their friendly attitude toward marijuana as a selling point, and this strategy appears to be paying off for some.

If you do choose to prohibit marijuana use to some degree, it is always best to make it clear in the lease. I have seen leases in Washington that prohibit smoking and specify that this prohibition applies equally to cigarettes, cigars, marijuana and all other types of smoke.

As marijuana is still illegal under federal law, you can include a clause prohibiting conduct that is unlawful under state and federal law.

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