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Should Landlords Be Able To Ban Medical Marijuana? Michigan Senate Oks Bill To Amend 2008 Law


bobandtorey
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LANSING, MI -- Landlords would be granted clear authority to ban medical marijuana use on their property under legislation approved Tuesday by the Michigan Senate.

The legislation, approved in a 34-3 vote and now headed to the House for further consideration, requires a three-quarters majority support in each chamber because it would amend Michigan's voter-approved medical marijuana law.

Sponsoring Sen. Rick Jones, R-Grand Ledge, said the bill would simply codify a 2011 opinion from Michigan Attorney General Bill Schuette, who determined that apartment owners can prohibit the smoking or growing of marijuana without violating the medical law.

"That's already law under his ruling, but it's very confusing," Jones said. "A lot of judges and police aren't clear on it."

Landlords deserve the option to ban medical marijuana because individuals who smoke in an apartment building can bother other tenants and those who grow plants indoors can cause property damage, according to Jones.

"I have had two homes totally destroyed in my district that were turned into grow operations," said Jones. "They were basically turned into greenhouses."

Sen. Rebekah Warren, one of three lawmakers to vote against the bill, said it was important to keep in mind that the legislation would apply only to registered patients.

"This is people's medicine we're talking about. And when you're talking about rental housing, this is where people live," said Warren, D-Ann Arbor. "So what we did today -- not me, I voted against it -- is say that people can't take their medicine in the place that they reside. That's a challenge."

The Michigan Court of Appeals, in a 2013 ruling, determined that edible marijuana products are not a "usable" form of the drug under the medical law, meaning that smoking is currently the only legal option.

Legislation that would have allowed patients to use edible products stalled in the Senate last session but was reintroduced in the House earlier this year. Jones said he is open to the concept but wants to see lawmakers work closely with law enforcement officials.

Michigan's medical marijuana law, approved by 63 percent of voters in 2008, already prohibits patients from smoking the drug on any form of public transportation or in any public place. Senate Bill 72 would add "private property" to that list, provided there is "a prohibition established by the property owner."

The legislation also would specify that a landlord could not be compelled to lease property to a person who smokes or grows marijuana on the premises if there is prohibition in the written lease.

Thomas Lavigne, an attorney for the Cannabis Counsel in Detroit, said the bill would lead to evictions for legal medical marijuana users and criminalize some patients by removing immunity afforded them under the current law.

"This will create more felonies," Lavigne said. "The medical marijuana act was intended to provide immunity to patients so they are not penalized or denied any privilege, and I think housing is a privilege."

But David Soule of the Property Management Association of Michigan, testifying in committee last month, said the legislation would benefit tenants who do not smoke and judges trying to interpret the medical law.

"But most importantly, it stops the potential of damage and fires due to the added moisture and intense lights needed to grow the plant," Soule said. "There are plenty (of) situations where properties have had fires as a result of the methods used to grow marijuana.

 

http://www.mlive.com/lansing-news/index.ssf/2015/03/should_landlords_have_power_to.html

Edited by bobandtorey
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First off im a patient and caregiver.

I support the mma but i also support this bill.

I grow in my home that i own. If i rented my home i wouldnt allow someone to grow in it, unless it was a very limited amount of plants and they renovated a room properly that i was able to inspect.

The fact is, growing a large garden is hard on a house. Unless done properly the humidity, spills, and heat can destroy floors and walls. If electrical isnt run properly the house can burn down. My homeowners specifically states that loses from the cultivation of marijuana are not covered.

How many people know someone that had a renter that tore up their house?

Some hillbilly abusing the system wont think twice about destroying your house to turn profit whey they only stand to lose 1000 dollar security deposit.

Lets be realistic.

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No but i support landlords forbiding the cultivation on their property.

I didnt read the bill and i dont think anyone should go to jail for growing their nedicine, but i do think that a homeowner oughta have control of whats allowed on their property. Just like some places dont allow pets...

service animals?

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I dont think anyone deliberatley rents to bad tenants.

I guess if your willing to risk 10k of damage or a total lose due to fire then by all means go ahead.

I see no reason a landlord should have to risk that though.

If a landlord is ok with cultivation or not, put it on the lease. Then their is no problem and everyone involved knows the rules up front.

Service animals? I dont think their should be a problem with that....

A caregiver growing 60 plants and re routing electrical, cutting holes through walls for hvac etc. Thats apples to oranges.

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I dont think anyone deliberatley rents to bad tenants.

I guess if your willing to risk 10k of damage or a total lose due to fire then by all means go ahead.

I see no reason a landlord should have to risk that though.

If a landlord is ok with cultivation or not, put it on the lease. Then their is no problem and everyone involved knows the rules up front.

Service animals? I dont think their should be a problem with that....

A caregiver growing 60 plants and re routing electrical, cutting holes through walls for hvac etc. Thats apples to oranges.

Well stated. I've been in the residential rental market. I don't care if the tenant grows cannabis or parsley indoors. Just don't F-up my house. I can screen tenants and require security deposits accordingly. No need for any new laws.

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Exactly. Landlords already have an avenue of recourse for damage done.  They can already put that in their leases. No need to change the act and remove ALL protections from a patient because the landlord said he smelled marijuana. This is a civil matter which is for civil court for damages.  Already doable and been done in this state over this exact issue.  This is supposed to 'clarify' it, but simply criminalizes it, strips protections from arrest and immunity and Sec. 8 in its current form, instead of leaving it as merely a civil dispute.

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My dad and I were just talking about this subject today. A friend of the family had rented his house out to someone that set up a grow  in the house (He didn't know this at the time). Last summer the house burnt down because of the grow. The insurance company refused to pay saying because it was marijuana grow that caused the fire. Doesn't sound right, but if insurance companies can get away without covering damages. I wouldn't want one of my renters growing. To big of a risk 

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@matt79 great first post Homie, it's good you're a caregiver and patient, I really identify with that. What are your feelings on pig farming? Why would you take the chance on growing out of your own home? Oh, the humanity.

 

@basshound thanks for taking the time to make your second post, I knew a friend of a friend who's familly friend lost their house to a fire over Christmas tree lights. My great aunts uncle knew someone, who...

Edited by slipstar059
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My dad and I were just talking about this subject today. A friend of the family had rented his house out to someone that set up a grow  in the house (He didn't know this at the time). Last summer the house burnt down because of the grow. The insurance company refused to pay saying because it was marijuana grow that caused the fire. Doesn't sound right, but if insurance companies can get away without covering damages. I wouldn't want one of my renters growing. To big of a risk 

this one time at band camp......

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Insurance companies cover eletrical fires even if you are growing marijuana. 

 

Growing marijuana doesn't make you a bad renter.

 

Jones, Beck and company, just want to say that pot smokers in general are scum of the Earth and need more rules than everyone else to stay in line.

 

They just love to go out in public and trash us because they need the warm fuzzy feeling they get when they can point out how much better they are than us.

 

I've grown in rentals and my landlord never knew it. No one knew it. 

 

A lot of rentals have terrible wiring, that's on the landlord. Plant lights burn down houses because they have a bad electrical service to begin with.

 

This whole situation is being blown out of proportion by folks that just want to hate on growers .... again.  Because it's the backbone of all their legislation, kill growing in our communities. It's a common theme all they way up to the governor lying about a grow in his college dorm room that ruined his college life. 

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You can buy a house, grow meds, have cats and dogs, Smoke up the place.  Trash it.  Whatever.  It's yours. You own it.

 

You can rent a place.  That means it is NOT yours.  The owner/landlord owns it, and gets to make all the rules.

 

You are free to choose between buying or renting.

 

You are not free to possibly duck up a dwelling, that you do not own.

 

Thinking otherwise ??  Well, there's your problem !!

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You can buy a house, grow meds, have cats and dogs, Smoke up the place.  Trash it.  Whatever.  It's yours. You own it.

 

You can rent a place.  That means it is NOT yours.  The owner/landlord owns it, and gets to make all the rules.

 

You are free to choose between buying or renting.

 

You are not free to possibly duck up a dwelling, that you do not own.

 

Thinking otherwise ??  Well, there's your problem !!

thanks for clearing that up

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So someone burns the place down or trashes it from a grow. Sure, you can sue, but collecting on a judgement is not that easy.

My insurance states that their is no coverage from a loss related to marijuana cultivation. Ill try and post a pic since some people have posted this isnt true

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So someone burns the place down or trashes it from a grow. Sure, you can sue, but collecting on a judgement is not that easy.

My insurance states that their is no coverage from a loss related to marijuana cultivation. Ill try and post a pic since some people have posted this isnt true

It's your insurance company, not all the insurance companies.

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seems there's two questions in this thread?

 

1)"Should Landlords Be Able To Ban Medical Marijuana?"

 

2)"Do we need to change laws to punish tenants/patients?"

 

I believe landlords can currently disallow smoking of any type, indoor gardening, house plants, pets,

the use of marijuana, or st Johns wort for that matter, on the rental premises.

If a tenant chooses to enter into a rental agreement the possible restrictions may be near unlimited. I don't think anyone here believes a patient should be arrested for smoking in a rented apartment, or breaking a lease by having a cat. Can they be evicted for breaking said lease? sure, happens all the time.

 

Laws to enforce this are attacks on every patient in the registry and undermines our intention. The punishment of the sick, what will they think of next?

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