AgentBrokerage

National Association of Realtors advises agents and brokers on legal marijuana

What's a broker to do if one of his or her agents asks to consume on the job for medical reasons?
  • Brokers shouldn't exercise too much control over independent contractor agents in setting guidelines for marijuana use, according to NAR.

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When it comes to marijuana, there's a crosshatch of laws that real estate brokers and their agents must navigate. The drug is illegal under federal law, but 30 states and Washington, D.C., allow medical use of marijuana. Eight states allow recreational use of marijuana (Alaska, California, Colorado, Maine, Massachusetts, Nevada, Oregon, and Washington). So what's a broker to do if one of his or her agents asks to consume on the job for medical reasons? Or if a broker or agent is a property manager, when a tenant asks to light up? When agents want to use pot Because marijuana is still illegal at the federal level, federal law does not require an employer to accommodate an employee's marijuana usage, according to the National Association of Realtors in one of its recent "Window to the Law" videos. Real estate brokerages should be aware of their state laws, NAR Senior Counsel Finley Maxson advised. Eight states don't allow employers to discriminate against employees who h...