November 2013 Coach's Quiz

COACH’S ANSWERS & EXPLANATIONS

QUESTION #1

Correct answer: a

Reason: Rule #1 applies here:

If: Your State Hasn’t Approved Medical Marijuana Use

Then: Stay the Course But Monitor Developments

You don’t have to allow medical marijuana use if your property is in the majority of states that haven’t approved a medical marijuana law. In those states, marijuana remains an illegal drug under both federal and state law—regardless of whether it’s used for medical purposes.

QUESTION #2

Correct answer: b

Reason: Rule #3 applies here:

If: Your State Has an Active Medical Marijuana Program

Then: Learn Your State’s Position on Medical Marijuana in Rental Property

In general, state medical marijuana laws protect medical marijuana users from arrest or prosecution for possession of illegal drugs under state criminal laws. But it’s still illegal under federal law to possess or grow marijuana, and so far, only a handful of states have addressed whether rental property owners may regulate its use on their property.

Despite fair housing rules requiring housing providers to grant requests for reasonable accommodations for individuals with disabilities, HUD has taken the position that a request to allow medical marijuana use is unreasonable, at least with respect to federal public or assisted housing. That would suggest that the agency is unlikely to pursue a federal fair housing claim in medical marijuana cases, but it wouldn’t foreclose the possibility of a claim under state law. Find out about whether there has been any formal guidance from fair housing officials in your state on whether banning or limiting use of medical marijuana in your community could lead to a discrimination claim.

QUESTION #3

Correct answer: a

Reason: Rule #2 applies here:

If:  Your State Has Approved Medical Marijuana Use

Then: Get Details About the Law

Some states permit home cultivation of medical marijuana, but they have different rules about who may grow it, when and where they may grow it, and how much they may grow. The law protects medical marijuana users from arrest for growing the plants, but you should get legal advice about whether, and under what circumstances, they may grow it on your property.

QUESTION #4

Correct answer: b

Reason: Rule #5 applies here:

If: If Your State Allows Medical Marijuana Use

Then: Deal with Complaints

Though there’s a lot of uncertainty over fair housing concerns about medical marijuana, you don’t have to ignore problems caused by a resident’s use of medical marijuana, such as complaints from neighbors about secondhand smoke or smells from growing plants. Depending on the circumstances, you may have recourse under lease provisions that forbid residents from interfering with their neighbors’ quiet enjoyment of the property or maintaining a nuisance. Consult your attorney about your options and the best way to proceed.