The following is this Office’s policy on the Medical Marijuana issue here in Arizona, Courtesy of Our Attorney Andrew Hull.
NOTIFICATION OF ENFORCEMENT OF CRIME FREE ADDENDUM TO RENTAL AGREEMENT
To: All Residents
Arizona recently passed a Medical Marijuana law that permits the limited use of Medical Marijuana in specific and limited circumstances. The State of Arizona has adopted, or is in the process of adopting, rules that govern the manner of establishing the regulations for the use of medical marijuana.
Despite Arizona’s new law, the federal Controlled Substance Act (CSA) categorizes marijuana as a Schedule 1 substance and the manufacture, distribution, or possession of marijuana is a federal criminal offense. See 21 U.S.C. § 801 et seq. Furthermore, the U.S. Department of Housing and Urban Development has sent out a Memorandum that specifically states that the use of marijuana for medical purposes violates federal law and that federal and state nondiscrimination laws do not require landlords to accommodate requests by current or prospective residents with disabilities to use medical marijuana. See Medical Use of Marijuana and Reasonable Accommodation in Federal Public and Assisted Housing dated January 20, 2011.
This property has determined that the use, possession, distribution or manufacture of marijuana has been determined to interfere with the health, safety, welfare and right to peaceful enjoyment of the premises by other residents. As such, the management hereby informs and reminds all tenants that they signed a Crime Free Addendum when they moved in and, pursuant to that addendum and the supporting federal laws, any use of marijuana (medical or otherwise) by the tenant or their guests will result in an immediate termination. If you have any questions or concerns about this policy, please speak to management