Purpose:
This policy outlines the rules and restrictions regarding marijuana use, cultivation, and possession at residential properties managed by [Property Management Company Name], in compliance with Massachusetts state law.
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1. Overview of Federal and Massachusetts Law
1.1 Federal Law:
- Under federal law, marijuana remains classified as a Schedule I controlled substance under the Controlled Substances Act, making its possession, use, cultivation, and sale illegal. Federal enforcement priorities may vary, but tenants should be aware that compliance with state laws does not preclude potential federal consequences.
1.2 Massachusetts Law:
- Massachusetts law allows adults aged 21 and older to possess and use marijuana recreationally.
- Medical marijuana use is permitted for qualifying individuals with a valid medical marijuana card.
1.2 Landlord Rights:
- Property owners have the legal right to prohibit or regulate the use, cultivation, and possession of marijuana on their properties, even for legal purposes.
- Restrictions may include limitations on smoking marijuana to ensure compliance with other laws, such as those prohibiting indoor smoking in multi-unit residential buildings.
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2. Prohibition of Illegal Substances
The possession, use, cultivation, manufacture, or sale of any illegal substance, is strictly prohibited on the leased premises.
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3. Marijuana Use Restrictions
3.1 Smoking:
- Smoking marijuana is prohibited in all indoor areas of the property, including but not limited to:
- Apartments
- Hallways
- Common areas
- Balconies or patios in close proximity to other units
- This restriction is in accordance with Massachusetts’ public health regulations and smoking laws.
3.2 Edibles and Non-Smoking Consumption:
- Consuming marijuana via edibles or other non-smoking methods is strictly prohibited within all units and common areas of the property unless the tenant obtains prior written permission from the property management company.
3.3 Conditions for Edibles and Non-Smoking Consumption (if permitted):
- Must not cause disturbance or nuisance to other tenants.
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4. Cultivation Restrictions
4.1 Personal Cultivation:
- Massachusetts law permits the cultivation of up to six plants per person (maximum of 12 plants per household) for personal use.
- However, cultivation is strictly prohibited within all units and common areas of the property unless the tenant obtains prior written permission from the property management company.
- The leased premises are to be used solely for residential purposes. Any cultivation or processing of marijuana plants or other illegal substances constitutes a lease violation as a prohibited business activity.
4.2 Conditions for Cultivation (if permitted):
- Cultivation must comply with all state and local regulations, including proper ventilation and electrical safety requirements.
- No damage to the property, such as mold or electrical overload, is permitted.
- The Tenant accepts financial responsibility for any and all costs necessary to restore the leased premises to its original condition due to the Tenant’s cultivation of marijuana.
- Tenants are responsible for ensuring that the cultivation does not create odors, pests, or other nuisances that may disturb neighbors.
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5. Medical Marijuana
5.1 Accommodations:
- Tenants with a valid medical marijuana card may request reasonable accommodations to use marijuana in non-smoking forms, as required under federal and state disability laws.
- The property management company reserves the right to review such requests and determine appropriate accommodations.
5.2 Smoking Prohibition:
- Smoking medical marijuana is prohibited indoors and in common areas unless explicitly permitted by law or prior agreement.
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6. Acknowledgment:
The Tenant accepts the following conditions:
- The possession, use, cultivation, manufacture, or sale of any illegal substance, including marijuana, is strictly prohibited on the leased premises
- Possession of marijuana, whether dried, extracted, or in living plant form, may be a criminal act under federal law. The Tenant agrees not to engage in any criminal activity in or near the leased premises, including the possession, use, or cultivation of marijuana.
- The Tenant accepts financial responsibility for any and all costs necessary to restore the leased premises to its original condition due to the Tenant’s cultivation of marijuana. For example, mold growth or electrical overload.
- The use of marijuana in the leased premises creates a nuisance. Marijuana smoke may dissipate into common areas or neighboring units, interfering with other tenants’ health, property, and their reasonable expectation of clean air and a drug-free environment.
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7. Enforcement and Violations
7.1 Reporting Violations:
- Complaints regarding marijuana use, cultivation, or related issues should be reported to the property management office.
7.2 Consequences:
- Violations of this policy may result in:
- Written warnings
- Fines or fees for damages
- Lease termination for repeated or severe violations
7.3 Legal Protections:
- This policy is not intended to discriminate against any tenant and complies with all relevant state and federal laws.
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8. Contact Information
For questions or concerns regarding this policy, tenants may contact the property management office at:
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9. Policy Updates
This policy will be reviewed annually and updated as necessary to ensure compliance with state and federal laws and to address tenant and operational needs.
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Effective Date: 23rd day of October 2023