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Mmj Discrimination - Renting


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I have signed a new lease agreement with my Apartment Complex, and I'm afraid to ask them to clarify our agreement on fear of descrimination.

 

In the lease agreement it stated that "illegal drugs" and "illegal drug possession" are grounds for contract termination and eviction.

 

My apartment complex is NOT subsidized by the Fed Government, sect. 8, or anything.

 

 

Q: Doesn't the Medical Marihuana Act specifically state, legal cardholders can't be descriminated or punished by any business for obtaining or using medical marijuana?

 

Q: Does anybody have any experience with apartment complex descriminating against MMJ?

 

 

KIND REGARDS

 

 

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Disclaimer...I'm not an attorney!

 

The specific language will be critical...Is there a "scope" clause or something similar in your lease that says what jurisdiction the lease applies to (might say specific city or something like "according to the laws of MI...") From there on out, scan your lease for the word "federal." Some leases have clauses that say that you can't violate local, state or federal laws. If this is the case, you might have some challenges. If you don't see these types of things, than possessing marijuana with the appropriate paperwork is no more illegal than having a bottle of pills your doctor prescribed you. It might be illegal for someone else to possess them, but you're covered...

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HERE'S WHAT MY LEASE AGREEMENT STATES:

#16 ILLEGAL DRUG USE

Residents shall not violate, or knowingly allow another resident on the lease or a guest of the Resident, to violate FEDERAL, state, or local laws regarding the use of controlled substances or the use of alcohol by minors in or around the Premises.

 

If the Resident, a member of the Resident's household, or other person under the Resident's control has unlawfully manufactured delivered, possessed with intent to deliver, or possessed a controlled substance on the leased premises, Management will file a formal police report.

 

Management may recover possession of the Premise by summary proceedings when the Resident holds over the Premise for twenty-four (24) hours after service of a written demand for possession for termination of this Lease under this provision.

 

 

 

 

HERE'S WHAT MICHIGAN LAW STATES:

MICHIGAN MEDICAL MARIHUANA ACT (EXCERPT)

Initiated Law 1 of 2008

Sec. 4. (a) A qualifying patient who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for the medical use of marihuana in accordance with this act, provided that the qualifying patient possesses an amount of marihuana that does not exceed 2.5 ounces of usable marihuana, and, if the qualifying patient has not specified that a primary caregiver will be allowed under state law to cultivate marihuana for the qualifying patient, 12 marihuana plants kept in an enclosed, locked facility. Any incidental amount of seeds, stalks, and unusable roots shall also be allowed under state law and shall not be included in this amount.

 

http://www.legislature.mi.gov/(S(nhrikh4501guvbrdmxgqxd55))/mileg.aspx?page=getObject&objectName=mcl-333-26424

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