The New Marijuana Law: Impacts on the Landlord-Tenant Relationship

On Dec. 15, 2016, recreational marijuana became legal in Massachusetts after voters passed the Regulation and Taxation of Marijuana Act. This new statute permits individuals to possess up to 10 ounces of marijuana inside their residences and to grow up to 12 marijuana plants per household. Marijuana remains illegal under federal statute. Moreover, more than 829,000 Massachusetts residents are tenants. How will this recent Massachusetts statute affect the legal relationship between residential and commercial landlords and tenants?

Key residential issues:

1. Current Leases
2. Utility usage
3. Medical v. recreational use
4. Reasonable accommodations
5. Differences in statute for method of use
6. Smoking policy
7. Federally assisted housing

Key commercial issues:

1. Forfeiture issues
2. Drug-free work place
3. Related federal law and policy

General issues:

1. Board of Bar Overseers Office of Bar Counsel Policy on Legal Marijuana