There has been a lot of press recently about the 2018 ballot proposals that will require Michigan's local governments to decide whether to allow commercial production and/or distribution of marijuana in their jurisdictions.It is important to remember that residential landlords have to make some of those same decisions.
In April of 2017, an amendment was added to Michigan's Medical Marijuana Act. It allows a private owner of residential property to prohibit smoking or cultivation of marijuana anywhere on the premises. However, landlords need to be aware of two important points:
- It is still unclear if a residential landlord can prohibit non-smoking uses of marijuana, such as marijuana-infused products or "edibles."
- The language prohibiting the smoking and cultivation of medical marijuana must be spelled out in the written lease agreement or it is not enforceable.
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