The recent implementation of Massachusetts’ new marijuana law has presented some growing concerns for landlords. Many landlords, condominium unit owners, and condominium associations may be under the impression that existing no smoking clauses in the lease or condominium documents are sufficient to prohibit the smoking of marijuana. Unfortunately, that might not be the case.
There are specific ways in which to restrict a tenant’s marijuana smoking, including additional restrictions for the growing, sale, or consumption of marijuana. In order to create valid and effective restrictions; however, the careful consideration of an experienced attorney should be utilized.
Given the discrepancy between the state and federal laws regarding marijuana, and the potential effects from our new statute, all landlords should seek the advice from an expert in revisiting their residential leases. If you are a landlord, condominium owner, or with a condominium association, be sure to call Warshaw, Di Carlo & Associates for a consultation!