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marijuana laws landlords

Colorado Real Estate Management Professionals Question Their Legal Boundaries as it Pertains to the Newly-Established State Marijuana Laws

If you are a Colorado real estate management professional or landlord, it is quite likely that you have been curious about your legal boundaries as it pertains to the newly-established state marijuana laws. You are not alone. In early November of 2012, Colorado officially became one of the very first states within the union to allow the legal recreational use of the drug, marijuana.

The ramifications of the impact of the amendment that allows for the recreational use of pot are still being evaluated – even several years later.

As of right now, very little is different in terms of how you may govern the activity that takes place on the property that you manage and/or own; however, there are many things that you should be aware of – even if you opt to not allow the recreational use of marijuana on your property.

Amendment 64 – A Detailed Analyzation of Authorization
As a Colorado real estate management and/or landlord, the very first aspect of the recreational use marijuana laws that you should learn about is Amendment 64. The following outlines a detailed analyzation of the authorization of use of marijuana in the State of Colorado for recreational purposes:

  1. The residents of the State of Colorado are allowed to legally grow a total of six marijuana plants or less as long as at least three of the plants – or less – are mature.
  2. Those that elect to grow marijuana are allowed to legally possess that marijuana on the property in which it was cultivated. The marijuana that is grown must not be grown in a public location. It must be cultivated at an enclosed location. The marijuana that is grown may not be sold to the public.
  3. Individuals that own property in the State of Colorado may prohibit the growth, possession, use, and consumption of marijuana on the property that they own. Property owners may elect to regulate the growth, possession, use, and consumption of marijuana on their property.


Important Notation
Based on the information presented in Amendment 64, all of the laws of the State of Colorado regarding the use, possession, growth, and consumption of medical-based marijuana remain the same. Despite this fact and the details of Amendment 64, it must be understood that the cultivation and/or possession of marijuana is still considered to be highly illegal under the federal law that governs the United States of America.

In fact, pot is classified as a Class 1 Controlled Substance; however, the government has announced that it does not intend to force the laws surrounding recreational marijuana in Colorado and states with similar amendments to the law.

If you are a Colorado real estate management professional and/or a landlord, you should know and understand that if you allow your property to be used as a place of growth for marijuana plants and/or a property where the consumption, possession, and use of marijuana, the property may be at risk for seizure by the federal government.

Be sure to return next week for the conclusion of this series.