Q: I have always included a clause in my leases that says if tenants use drugs on the property, they're out. I recently smelled marijuana coming from the apartment of a tenant who moved in a few months ago. When I confronted this tenant, he claimed he uses marijuana for medical reasons, and said that because even the police won't arrest him for his use, I have to allow him to use it and continue to live here. Is he right? --Dale S. A: If you want to stick to your guns, you'll find several strong legal arguments to back you up. Under federal law, possession of marijuana is still illegal, even in the several states that have passed "compassionate use" laws. These laws protect people who use marijuana under a doctor's recommendation from criminal prosecution under state statutes. They do not attempt to tell private citizens, such as landlords or employers, how they must react when employees or tenants use the drug on the job or in rented premises; nor do they eleva...
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