rental and medical marijauna

[sfarmbo]

Never started a thread before, but I have searched the internet, googled and can not find any answers. And since everyone here is always so helpful, thought I'd give it a try. Here is my problem.
We have a rental, the tenant is DH brother. He has gotten a medical marijuana card. OK not so happy, but if he smokes it outside and not in the house not a whole lot I can do. Well now he is growing, he has a card to grow. My problem, how do I evict him without a huge issue? Why can the state give someone that is renting permission to grow? Were is the laws to help protect the owner? If I evict because of his medical marijuana, it is of course discrimination? Help any ideas. And all I get is get a lawyer. Yes, well that cost about $1000.00 just to walk in the door.

 

[bumbershoot]

If this is legal, what is the problem with it?

Let's pretend he really really needed the willow bark that was the start of aspirin, and there was no way to get it unless he grew it himself. So he had to grow it himself, and started a willow bark (I guess he'd just plant willow trees?) garden. Would you have a problem with this?

I would understand it if he did NOT have the legal right to do these things, but he does...

Now, if he's just scamming the system and has no medical reason to grow it and take it for a serious problem, then why not just call the police?

 

[Justsyd2]

I agree with the PP. If he is doing this legally, why do you have a problem with it? I don't quite understand. I could understand if he was doing something illegal, but to want to evict him for legal activities -- I don't get it.

 

[sfarmbo]

I don't have a problem with him smoking it. My problem is he is growing it in the yard. He has torn up half the yard to grow a "garden" and then put up a plywood fence "to keep people out". I get that he as a legal right to use it as medical pain killer, but at what point does he have the right to destroy the yard and put up this so called fence.

 

[disykat]

I understand your concern! Vandalism, theft, etc. could be a huge worry for people growing medical marijuana - especially if word gets out. If he smokes outside, it could upset the neighbors AND identify that house as a possible source for drugs.

It doesn't have to be about punishing the renters, it could pose security and reputation concerns if people become aware of it.

I know someone with a medical marijuana card and it is a well-kept secret for these reasons.

 

[disykat]

Torn up the yard? How many plants is he authorized for? This sounds "off" to me.

You have every right to evict someone for tearing up the yard and building an unauthorized fence.

 

[sfarmbo]

I understand your concern! Vandalism, theft, etc. could be a huge worry for people growing medical marijuana - especially if word gets out. If he smokes outside, it could upset the neighbors AND identify that house as a possible source for drugs.

It doesn't have to be about punishing the renters, it could pose security and reputation concerns if people become aware of it.

I know someone with a medical marijuana card and it is a well-kept secret for these reasons.

There is a in home daycare next door, and he is not keeping it hush hush. A friend stopped my daughter at the store and said she'd heard he had gotten a card and was growing. Not smart at all.

 

[sfarmbo]

Torn up the yard? How many plants is he authorized for? This sounds "off" to me.

You have every right to evict someone for tearing up the yard and building an unauthorized fence.

6 full size plants and 18 seedlings. Plus he can have 24oz. of dried.

 

[klynn]

Does your written rental agreement with him allow him to plant and grow plants in your yard and also construct a fence? If he has violated the rental agreement, then it is time to take action.

 

[kaytieeldr]

Why can the state give someone that is renting permission to grow? Were is the laws to help protect the owner?

I'm pretty sure if the person with the medical need to smoke marijuana is also found to have a medical need to grow it, the state can't discriminate against that person simply because they rent their residence instead of owning it. Not everybody can afford to own a home.

Does your written rental agreement with him allow him to plant and grow plants in your yard and also construct a fence? If he has violated the rental agreement, then it is time to take action.

Agreed; however, you have the added issue of your tenant being a relative. Have you discussed your feelings with your husband? It's his brother. Heck, has anybody talked to the tenant???

 

[smidgy]

why would you be afraid he would smoke it outside? and why is it a "so-called" fence? is it a fence, or not? I think you would be happy he built a fence.

the one piece of information missing is the reason for his approval for medical marijuana use. hard to judge the situation without this info.

I know my sister was your typical housewife. non smoker, drank a glass of wine now and then,very involved with the kid's dance classes, karate classes, etc etc. developed breast cancer. tried every anti-nausea drug known to man, but was tired of puking constantly.... imagine that. (dont judge if you have never been in chemo treatments. being bald is bad enough) she tried smoking pot (no, did not have approval, just wanted to stop being sick from chemo and get back to being a mom). it was the only thing that helped. anyone who thinks she should have been sick instead has no empathy whatsoever.

fast forward 11 years. 11 year cancer survivor!!!!YAY! and has never touched it since.

 

[smidgy]

Have you discussed your feelings with your husband? It's his brother. Heck, has anybody talked to the tenant???

people in exteme pain or nausea need support from family members. would you rather he get hooked on Vicodin, which is much worse for you than marijuana?

OP, please give us the specifics of his condition, (since you started the thread)., so we can try not to be judgemental ourselves.
but I wouldn't worry about being liable because it is your property. he was given the legal OK. I would suggest asking for a copy of this legal document, for your own protection.

 

[badblackpug]

I really don't think it matters why he uses the marijuana, as long as he has a prescription to do so. I understand your point of him smoking outside, especially if your lease specifies "no smoking." If he has a permit to grow marijuana, then it is legal for him to do so, given that he is following the proper guidelines. Is your issue with the destruction of the yard? or is it more with the fact that he is growing marijuana? If it has to do with digging up the yard and building a fence, is this type of situation covered in your lease? If so you could evict him on violating the terms of the lease. I have to agree with the PP that pointed out that you are in a difficult situation as he is your brother in law, I would tread very lightly.

 

[smidgy]

. He has gotten a medical marijuana card. OK not so happy, but if he smokes it outside and not in the house not a whole lot I can do. Well now he is growing, he has a card to grow. My problem, how do I evict him without a huge issue? .

this is why I asked the reason he has the card. the OP is not happy about the marijauana.I would think, if he is ill or in pain, she would care more about HIM, then anything else. sounds like she is trying to paint his with a brush that has mothing to do with his medical issues.
and she has stated that she wants to evict him.. how can she do that? if she were really concerned about him, (and her property) she would allow him to smoke it inside, so it wouldn't bother anyone else (including the in home day care next door, which is probably just a mom babysitting a few kids for extra money).
I am not going to provide someone with info on evicting someone, which is her question, when she doesn't even provide all the info about why the poor guy needs it, and was approved for it. (and until that info is provided, to me, he is "the poor guy").
now if she returns with the info that he has been a habitual drug user for many years, came up with a scam, etc etc, than I am only going with the info provided.
andI guess it's obvous to everyone where I stand on this issue. if a drug that , in my opinion, is not even as harmful as the drug alcohol, helps someone with a serious medical issue, I think she is wrong for trying to evict him. (for the record, I do not smoke pot, but I am a social drinker.)
oh yeah, a few plants don't "destroy" the yard anymore than tomato plants, pepper plants, etc. now, pumpkin and watermelon take up tons of space, as do many other herbs, like mint, etc.

 

[shortbun]

I would think he'd be better off growing inside in a controlled environment. Why don't you suggest that to him. He's not growing that much-personal use-so a bedroom with some lights and a watering system would do. Last place I'd grow my pot would be outside. I know Oregon has a nice summer growing season but is it warm enough for a complete crop?

 

[badblackpug]

this is why I asked the reason he has the card. the OP is not happy about the marijauana.I would think, if he is ill or in pain, she would care more about HIM, then anything else. sounds like she is trying to paint his with a brush that has mothing to do with his medical issues.
and she has stated that she wants to evict him.. how can she do that? if she were really concerned about him, (and her property) she would allow him to smoke it inside, so it wouldn't bother anyone else (including the in home day care next door, which is probably just a mom babysitting a few kids for extra money).
I am not going to provide someone with info on evicting someone, which is her question, when she doesn't even provide all the info about why the poor guy needs it, and was approved for it. (and until that info is provided, to me, he is "the poor guy").
now if she returns with the info that he has been a habitual drug user for many years, came up with a scam, etc etc, than I am only going with the info provided.
andI guess it's obvous to everyone where I stand on this issue. if a drug that , in my opinion, is not even as harmful as the drug alcohol, helps someone with a serious medical issue, I think she is wrong for trying to evict him. (for the record, I do not smoke pot, but I am a social drinker.)
oh yeah, a few plants don't "destroy" the yard anymore than tomato plants, pepper plants, etc. now, pumpkin and watermelon take up tons of space, as do many other herbs, like mint, etc.

My point was it doesn't really matter why he is using it, if he is using it legally, ie: with a prescription, there is very little she can do from that standpoint, whether he is scamming to get it or not. I think the issue with smoking it outside has more to do with smoking in general and the damage or smell it may cause to the apartment. There are many apartment leases that state "no smoking." I, too, have a feeling it has more to do with the open smoking and growing of marijuana, than it does with anything else. I would think the only recourse, if she really wanted him out, would have to be in the form of property damage related to the gardening or putting up an unauthorized fence, but only if that were covered in her lease.

 

[Gigi22]

With all due respect to the PPs, I am left to wonder if there might be a safety issue for the OP's BIL, and very likely for the PP's property, as a result of her BIL's decision to grow his medical marijuana outside? It must surely only be a matter of time until someone who does not have a medical marijuana card notices the presence of these plants, and takes action to appropriate some/all of it? Perhaps the OP or her DH can prevail on her BIL to scale back his endeavours and move a few seedlings indoors?

 

[ssawka]

I really don't think it matters why he uses the marijuana, as long as he has a prescription to do so. I understand your point of him smoking outside, especially if your lease specifies "no smoking." If he has a permit to grow marijuana, then it is legal for him to do so, given that he is following the proper guidelines. Is your issue with the destruction of the yard? or is it more with the fact that he is growing marijuana? If it has to do with digging up the yard and building a fence, is this type of situation covered in your lease? If so you could evict him on violating the terms of the lease. I have to agree with the PP that pointed out that you are in a difficult situation as he is your brother in law, I would tread very lightly.

According to the OP, the issues is with the fence and digging up the yard. If that is true and it is covered in the lease, by all means they should take whatever course they feel is necessary. But IMHO it seems that the OP has a hangup with the marijauna. Would they feel better about it if it was OxyContin or some other Narcotic? I would actually be more concerned about those drugs since the chances of having a break in if word got out would be much higher.

Also, as a PP pointed out, the reason they need it is none of anyone's business. If they have a prescription for it then they are within their legal rights to have it.

 

[Kies99]

OP...you need to contact these people: http://www.ohcs.oregon.gov/.

The should be able to tell you what your rights are as the owner of the rental property.

 

[eeyorethegreat]

I don't think we need to know the details of the OP condition, that is none of our business. The bil has a doctor approved medical marijuana card. He legally is able to be in possession of certain amounts of marijuana (dried and plants).

Though the OP may have problems with the idea, and I can understand her concerns, the issue is how does she work with this in the confines of the law. If there is a no smoking policy with the appartment then of course this would apply here. Smoke gets into everything, which can make it harder to rent out the space if the bil were to move out. IMO I would rather he smokes outside. Will the neighbors complain? Maybe but again he has the card he is legal. As far as the growing, before he started his garden he should have talked to the OP and his brother. Any kind of digging up the lawn even for growing cucumbers should have been addressed with the landlord. I think the bil just didn't think that far or didn't think his family/landlords would have an issue. I wouldn't want a tennant digging up my property without consulting me. I guess I just am not sure why he had to dig up the yard at all? I am not familiar with growing marijuana but my neighbors kid just got arrested for growing plants in pots and apparently it was growing quite well in a container. So I wonder why he couldnt have just grown the pot in pots rather than digging up the yard, that would have been more considerate than digging away. I would tell him that he needs to reseed the lawn he dug up with good old green grass, the type you mow and put the marijuania in containers. Seriously, a fence is not going to keep anyone out particularly if he is bragging about growing the stuff. Which wasn't smart on his part. Since he is cultivationg I would suggest he plant some veggies in containers as well. Might as well and it could distract some what from the other plants ...maybe...

So unless the lease has specifics about smoking of any kind and perhaps digging, I can't see how she can evict bil since he is legal to smoke and grow marijuana. Time to sit don with bil and talk to him and come to some compromises.