Attorney Vic Sulzer told the TV station that Colorado’s Amendment 64 — legalizing the possession and use of a limited amount of marijuana — is “not going to change anything” as far as landlords’ rights are concerned: It’s up to them if they want to allow their tenants to smoke marijuana on their property. “A landlord’s lease has a provision that prohibits whatever landlord wants to prohibit,” Sulzer told KUSA. As AOL previously reported, that includes growing marijuana too.
In states such as California where marijuana use is permitted for medical reasons, landlords can prohibit the use of the drug for that purpose on their property. And despite what states may sanction, marijuana is still classified as an illegal substance under federal law, and is also subject to the same kind of local ordinances that now apply to smoking tobacco.