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By Ron Leshnower, About.com Guide to Apartment Living

More to Tenant's Pot Eviction Than Meets the Eye

Sunday October 26, 2008

On Tuesday, October 21, a management company performed a surprise inspection of an apartment in Silver City, New Mexico. After an inspector uncovered two marijuana plants growing in the tenant's bathroom, the management company decided to evict the tenant.

According to the Associated Press, however, the tenant uses the marijuana to treat severe spasms she has suffered since a car crash left her paralyzed from the waist down. Also, the tenant has been licensed by the state to grow the marijuana under the state's new medical marijuana law, and she has complied with the law by growing only two plants in a controlled environment.

Despite these circumstances, the management company is pressing on with its eviction case against the tenant, citing the lease's requirement that apartments remain "drug-free."

What's your take on this?

(Photo © Jorge Barrios / Wikimedia Commons)

Comments

August 11, 2009 at 1:57 pm
(1) mac says:

“drug free” ? No aspirin? No vicadoin? No cough syrup?
Oh, wait? Did they mean “illegal drugs”? If that is the case, then the pot is not Illegal as the patient has the right to grow and use it. QED

August 11, 2009 at 2:08 pm
(2) apartments says:

“Drug-free” does seem vague. Certainly, renters have the right to keep legal drugs in their apartment. In this case, it appears the tenant acted on the right side of the law (the state government legalized medical marijuana, the tenant was licensed, and she grew only two plants in a controlled environment).

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