Up in Smoke: Association Management Issues in the Age of Marijuana Legalization
More than 60 percent of American states have legalized some form of marijuana since 1996, and the legislatures in many of the holdouts have recently considered doing so. Those states with legal marijuana have seen it rapidly commoditized, with new businesses such as delivery services cropping up and becoming a part of homeowners’ daily lives.
Not surprisingly, the proliferation of pot has begun to have repercussions for community association managers, both as property managers and employers. Whether you live in a state where marijuana is fully legal, partially legal, or on the cusp of some degree of legalization, you need to know what that means on the ground.
This Special Report takes an in-depth look at some of the most pressing marijuana-related issues for community association managers and their clients and provides expert guidance on how to mitigate the associated risks.Download now »
Should You Use the Nuisance Provision to Regulate Marijuana Smoking?
In the Air: Can Nuisance Rules Check Marijuana Smoking?
Put Maintenance Staff on Alert for Drug Operations
If one of your management staff members suspects that a homeowner in your planned community is manufacturing illegal drugs, you’ll need to get a handle on the situation as soon as possible.
Using Management Staff to Uncover Drug Operations
Q: One of my management staff members suspects that a homeowner in our planned community is manufacturing illegal drugs. I’m concerned about the implications of illegal drugs of any kind in our community, and that the association could somehow be in trouble for this activity. What can I do going forward to get a handle on this type of situation?
Medical Marijuana: Clear the Air Regarding HOA Members’ Use
Across the country, momentum has been building to legalize marijuana—at least for medical use. Though marijuana is still illegal under federal law, more than 20 states have adopted comprehensive medical marijuana laws—and more may soon follow.
What Associations Should Know About Medical Marijuana
By Carol Johnson Perkins, Esq.
Across the country, momentum has been building to legalize marijuana—at least for medical use. Though marijuana is still illegal under federal law, more than 20 states have adopted comprehensive medical marijuana laws—and more may soon follow. This fall, Florida voters will decide whether to amend the state’s constitution to allow for comprehensive medical marijuana legislation.
HOA’s Medical Marijuana Ban Up in Smoke
An Arizona HOA board has succumbed to pressure from owners in the community to reverse its ban on residents smoking medical marijuana in their yards and on their patios. The HOA board had voted to ban the use of medical marijuana in those areas, prompting residents to accuse the board of overstepping its bounds. A petition to rescind the ban had been circulated by several homeowners, many of whom cited their personal freedom as one of many reasons that they were outraged.
Associations’ Concern Grows Over Legal Pot
A recent meeting of the Rocky Mountain chapter of the Community Associations Institute (CAI) centered on issues arising from the passage of a 2012 Colorado referendum legalizing the smoking of marijuana and possession of as many as six marijuana plants. CAI addressed managers’ and associations’ fears about pot smoking in communities, including fielding complaints about the smell of marijuana.