rental and medical marijauna

[RitaE]

Well quite honestly this is such a state specific/locality specific/issue specific topic with a whole boatload of family drama thrown on top of it that I simply can't imagine getting the answers you are seeking on a Disney message board.

You obviously have some feelings about what he is doing and others are going to agree or disagree with those - but it really isn't relevant. The fact of the matter is that what he is doing with the marijuana appears to be legal and actions you take to prevent it could be subject to disability discrimination statutes in certain areas if you try to prevent it.

You need to consult with a lawyer and your husband as to what actions you are allowed to take and then want to take.

 

[polineedyan]

If people who are authorized to grow it are growing it outside, its going to spread everywhere!
Darn.

 

[eliza61]

Op,
Lots of issues going on but as a landlady I'm going to suggest taking a step back.

As another poster mentioned, has anyone Talked with BIL?
You may be able to come to a great compromise that makes all parties comfortable.
Have you explained why your uncomfortable with the smoking. I mean you've already gotten off to a bad start by kicking him out of the rental and making him smoke outside.

So many rental disagreements can actually be solved by simply talking

 

[Mrs. Charming]

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.

So it's less of the marijuana itself, it's that he's tearing up your yard? I do understand about the yard, he doesn't really have the *right* to do so, that's your property. Can you talk to him about a more aesthetically pleasing setup, rather than a playwood fence? I think evicting him is a little harsh.

 

[Mrs. Charming]

If people who are authorized to grow it are growing it outside, its going to spread everywhere!
Darn.

--

 

[sfarmbo]

Ok. my problem is not the marijauna. It is what he has done to the yard. Yes, I did talk to him, explained my concerns about theft, the need to keep it quiet, grow in pots, smoking outside because we have a no smoking clause. Because this is a state law not federal I asked him to stay low key. The reason he has this card is because he broke his leg 15 years ago and has a rod in it.

 

[kaytieeldr]

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.)

Just last week on TV, I heard the statistic: [In the period being discussed, a year, I think], over 5,000 people died in car accidents; over 5,000 people died from alcohol-related deaths; the number of people killed from marijuana in that same period? Zero.

When my brother was in high school, my parents had a shed next to the back porch with maybe two feet between the two structures. Lots of weeds one summer. Tall weeds. One or another of us was over there one evening, cooking on the grill. "Um, ma? You know what these weeds are?" No, my brother hadn't planted anything; one of his friends had.

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.

See, it makes 100% more sense to me TO grow plants - any plants - outside. We don't know if the rental unit even has additional space to grow enough marijuana to satisfy the tenant's needs (while still staying within the law). Growing outdoors also doesn't require additional electrical wiring or electric usage - the sun handles that - or any plumbing/water system or additional water usage - nature handles that.

 

[kaytieeldr]

Ok. my problem is not the marijauna. It is what he has done to the yard. Yes, I did talk to him, explained my concerns about theft, the need to keep it quiet, grow in pots, smoking outside because we have a no smoking clause. Because this is a state law not federal I asked him to stay low key. The reason he has this card is because he broke his leg 15 years ago and has a rod in it.

Shoot! I'm moving to Oregon! Who's his doctor, and are they taking new patients?


Oh, wait. I don't like marijuana

 

[Indiana Rose Lee]

There is no way anyone would be growing pot on my property. There are too many issues that could be a problem. There are no "rights" to grow plants. The medical necessity only says that someone has the legal right to have it.

OP, what a pain. Landlords have to deal with some of the most ridiculous situations. It should be a no thinker that you don't dig up land that isn't your own to plant something that is still illegal to others. I'd think it would be like a pool. Attractive nuisance. Can you deal with it on an insurance level?

 

[shaylahc1]

I'm not a landlord and don't know much about the law, but that would not be ok with me. If he smokes it outside, fine, but I wouldn't want him growing it in OR outside. It could become a nuisance if people start breaking in to steal it, etc.
It seems to me if you own the place you should be able to rent it to whomever you see fit I'd go ahead and evict him, cite something else or tell him you've decided to sell the place or something
My sister was a drug addict all through high school (started with marijuana and worked her way up to crystal meth) and I would absolutely NOT be ok with someone growing or even smoking weed anywhere near me or my things.

 

[mistysue]

I suggest talking to him about keeping it in a better contained environment. What happens if he drops seeds somewhere? Sure, those plants are fine as long as he lives there but he won't be there forever.
Who is liable when he now has "extra" plants or they start popping up after he moves out? It isn't him, so you need to ask him to contain the situation.

Seriously, if the wrong people find out your rental could be filled with bullet holes. Not only is it an issue of potential future legal problems for yourself, but if your property gets destroyed does he have insurance to fix it? Will he be paying for it?

My family has rentals and we are dealing with similar issues here.

 

[sfarmbo]

Shoot! I'm moving to Oregon! Who's his doctor, and are they taking new patients?


It is very easy to do here. Just in our local paper there are 4 ads on Saturday. They provide you with a Dr. If BIL can work out for 2-3 hrs 3 times a week, run on treadmill 10 miles a day. Heck my leg would hurt also. He has never complained about his leg until about 4 months ago, when he got his mm card.


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[kaytieeldr]

That IS easy! I've had a rod in my leg for almost six years now, and just a couple of weeks ago, my leg felt as if the bone was going to split lengthwise. Do you think I'd qualify? Not that it matters; possession of SMALL amounts of marijuana is either not a crime at all here, or such a minimal crime as to not matter. But, again, it doesn't matter - I just plain don't like it

 

[SunnieRN]

Just curious about your husbands feelings on the subject. I would have him handle it actually. My brother had a medical marijuana card/growing card in CA and his plants got stolen when they were ready to cultivate.

Legally, I would say that bil would be required to bring the property back to "pre growing" condition. What drama, family wise, would happen if you evicted him? Might not be worth the price, emotionally.

 

[Tinker'n'Fun]

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?

Here's the answer, he should be doing contained gardening, and as the landlord you should set it up to your specifics so that it isn't an eyesore, or accessable to others. You need to put down the groundwork and specifics in his lease, (yes do a lease if there isn't one) and then if he does not abide by the letter of the lease you will be able to evict him.

If this is because it just makes you uncomfortable (and there is no shame in that) have your DH work with his brother so that you are both happy. Maybe your DH could even help him find a new apartment if that is the only viable solution.

No matter what, good luck.

 

[pilesoflaundry]

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?

That is what I would be concerned about. Is there any way he can grow it inside with heat lights or something? I have no idea how to grow plants indoors but there is probably a way.

Good luck!

 

[Leajess99]

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.

Does the lease say he cannot construct such a building or destroy the yard?? Does the lease say he cannot have a garden of any type?? Would you be having an issue if he had torn up the yard to start a garden full of vegetables or herbs??

 

[Leajess99]

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.

Maybe you could talk to the person running the daycare and have them call. I do not think that they knew the who situation when allowing him a growing permit.

 

[dis-happy]

The biggest question, everything else aside, is whether or not he has a long term lease (ie. 1 year) or if he is renting from you on a month to month basis. All you need to do is give him written notice near the end of the lease telling him you not renewing (no need to state a reason) and he'll have to find someplace else to live. If it's month to month, you usually just need to give a 30 day written notice. Check with the landlord-tenant laws in your state (should be pretty easy to find online). If that doesn't work, you'll need to follow the state laws for eviction---which may take another month or two but still do-able.

 

[sasywtch]

I'm one that will admit that I am a little uncomfortable with someone growing the plants. Having a medical excuse or even every once in awhile, I don't have a problem with someone using it (medically or not). I just don't. Why I have a problem with someone growing it, I don't know??

Funny this came up as I have new neighbors who just bought the house next door (we are sideways so my narrow back yard butts up against the side of his back yard the entire length. First they wanted chickens, I said fine. (We sort of live in a rural town but where we live, it's more like a tract so chickens really aren't ok in this area). Little did I know, he built the thing right up against my fence and since I have a narrow back yard, it's not far from my sliding glass door. I'm getting a lot of knats flying around.

Second, he started doing a garden and looking at mine, asking my bf to do the rototilling. Of course, against my fence and his which is fine...no biggie. We talk over the fence often about gardens, how ours are doing. The fence he built (we had one but it was getting old so he replaced it), is beginning to get 1/2 inch spaces due to shrinkage of the wood. Yesterday, my bf asked how his garden was doing (to me) so we looked in the spaces and there they were, 3 plants next to my fence.

I must look like the sucker or something as everyone always puts things up against my fence and I'm the only one with a narrow back yard. Others have large back yards (you can have a built in pool, large garden, swing set, and still have yard space as these houses were built in the 50's except mine).

If the op is a little edgy about the plants being grown, I can understand. May not be right but I'm admitting, it makes me uncomfortable. And yes I know, I had no right to look through the open slats. It was innocent looking to see how big the tomatoes were getting. I can see anyway, looking out my kitchen window as the open slats where the boards have come apart are pretty large now.