Rentals and Maine MMJ

[veen]

I was wondering if it was hard to find a rental in Maine to grow MMJ? Are landlords very skeptical? or are patients/caregivers protected and allowed to grow? Another thing with rentals I was wondering about... how do you handle having to update any electrical wiring? This is really my biggest area of concern. Any advice or experience would be greatly appreciated!

 

[tet1953]

veen, I have been looking over the statute and rules to see what it says about your question. You may or may not be aware that the legislature has recently enacted changes to our MMJ law. The law currently in effect reads:

§2423-E. Prohibited acts against persons or entities engaged in authorized conduct for the medical use of marijuana ​

1. Rights of persons or entities acting pursuant to this chapter. A person whose conduct is authorized under this chapter may not be denied any right or privilege or be subjected to any penalty or disciplinary action, including but not limited to a civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for lawfully engaging in conduct involving the medical use of marijuana authorized under this chapter.
[ 2009, c. 631, §25 (NEW); 2009, c. 631, §51 (AFF) .]
2. School, employer or landlord may not discriminate. A school, employer or landlord may not refuse to enroll or employ or lease to or otherwise penalize a person solely for that person's status as a registered patient or a registered primary caregiver unless failing to do so would put the school, employer or landlord in violation of federal law or cause it to lose a federal contract or funding. This subsection does not prohibit a restriction on the administration or cultivation of marijuana on premises when that administration or cultivation would be inconsistent with the general use of the premises. A landlord may prohibit the smoking of marijuana for medical purposes on the premises of the landlord if the landlord prohibits all smoking on the premises and posts notice to that effect on the premises.
[ 2009, c. 631, §25 (NEW); 2009, c. 631, §51 (AFF) .]
3. Person may not be denied parental rights and responsibilities or contact with a minor child. A person may not be denied parental rights and responsibilities with respect to or contact with a minor child as a result of acting in accordance with this chapter, unless the person's conduct is contrary to the best interests of the minor child as set out in Title 19‐A, section 1653, subsection 3.
[ 2009, c. 631, §25 (NEW); 2009, c. 631, §51 (AFF) .]
SECTION HISTORY
2009, c. 631, §25 (NEW). 2009, c. 631, §51 (AFF).

As you can see in section 2, a landlord may restrict cultivation. Interestingly, that very sentence "This subsection does not prohibit..." is struck from the law in the new revision. So, my reading of it says that a landlord cannot prevent you from growing. However, I believe that a landlord would absolutely have a say on whether the electrical system can be modified, and also whether your op is safe.

 

[Tamorin]

Rhode Island is the only state that a landlord cant remove or say no for being a mmp, matter fact I believe if it happens and u sue u win here.

 

[Ganjactivist]

The entire sentence in section 2 reads: "This subsection does not prohibit a restriction on the administration or cultivation of marijuana on premises when that administration or cultivation would be inconsistent with the general use of the premises."

The beginning part of that sentence, "This subsection does not prohibit a restriction" means the landlord is not prohibited from enforcing a restriction of administration (use) or cultivation (growing) of medical marijuana under this new law. This means they are technically allowed to prohibit you from using or growing marijuana for medical purposes on their property. Be sure to read your rental agreement carefully, and make sure you go over their rules and policies with a great deal of care. If there is no evidence of a restrictive policy toward medical marijuana patients, chances are you'll be just fine.

Also, please keep in mind that the most recent legislature to be passed for MMJ in Maine does not go into effect until the last week of September, 2011. LD1296 is the most recent MMJ bill to be passed by the Maine legislature and has been officially signed by the Governor.

LD1296 is very well explained at: http://www.mmcmonline.org/

The link I just gave you will take you the the homepage of the Medical Marijuana Caregivers of Maine website. They have broken the new law down into easy to understand sections. There is also a direct link to the online version of LD1296 on their homepage. To my knowledge, the organization I am referring you to is one of the largest, if not the largest Patient/Caregiver association in the entire state of Maine. If you're new to the state and/or medical marijuana, this is a great place to start.

 

[tet1953]

The entire sentence in section 2 reads: "This subsection does not prohibit a restriction on the administration or cultivation of marijuana on premises when that administration or cultivation would be inconsistent with the general use of the premises."

The beginning part of that sentence, "This subsection does not prohibit a restriction" means the landlord is not prohibited from enforcing a restriction of administration (use) or cultivation (growing) of medical marijuana under this new law. This means they are technically allowed to prohibit you from using or growing marijuana for medical purposes on their property. Be sure to read your rental agreement carefully, and make sure you go over their rules and policies with a great deal of care. If there is no evidence of a restrictive policy toward medical marijuana patients, chances are you'll be just fine.

Also, please keep in mind that the most recent legislature to be passed for MMJ in Maine does not go into effect until the last week of September, 2011. LD1296 is the most recent MMJ bill to be passed by the Maine legislature and has been officially signed by the Governor.

LD1296 is very well explained at: http://www.mmcmonline.org/

The link I just gave you will take you the the homepage of the Medical Marijuana Caregivers of Maine website. They have broken the new law down into easy to understand sections. There is also a direct link to the online version of LD1296 on their homepage. To my knowledge, the organization I am referring you to is one of the largest, if not the largest Patient/Caregiver association in the entire state of Maine. If you're new to the state and/or medical marijuana, this is a great place to start.

Ganjactivist, as I mentioned at the end of my post it appears that that sentence has been struck from the new law. Does your reading of it show something different?

 

[mdanforth]

2. School, employer or landlord may not discriminate. A school, employer or landlord may not refuse to enroll or employ or lease to or otherwise penalize a person solely for that person's status as a registered qualifying patient or a registered primary caregiver unless failing to do so would put the school, employer or landlord in violation of federal law or cause it to lose a federal contract or funding. This subsection does not prohibit a restriction on the administration or cultivation of marijuana on premises when that administration or cultivation would be inconsistent with the general use of the premises. A landlord or business owner may prohibit the smoking of marijuana for medical purposes on the premises of the landlord or business if the landlord or business owner prohibits all smoking on the premises and posts notice to that effect on the premises.

the federal law sentence is the key.....no landlord has to rent or allow growing since it is in violation of federal law.....

 

[tet1953]

2. School, employer or landlord may not discriminate. A school, employer or landlord may not refuse to enroll or employ or lease to or otherwise penalize a person solely for that person's status as a registered qualifying patient or a registered primary caregiver unless failing to do so would put the school, employer or landlord in violation of federal law or cause it to lose a federal contract or funding. This subsection does not prohibit a restriction on the administration or cultivation of marijuana on premises when that administration or cultivation would be inconsistent with the general use of the premises. A landlord or business owner may prohibit the smoking of marijuana for medical purposes on the premises of the landlord or business if the landlord or business owner prohibits all smoking on the premises and posts notice to that effect on the premises.

the federal law sentence is the key.....no landlord has to rent or allow growing since it is in violation of federal law.....

Good catch mdanforth. I had focused on the federal contract part of that sentence, but clearly we are all in violation of federal law. Instant cover for everyone.

 

[Ganjactivist]

@tet1953: My reading is of the most recent version of LD1296. I have gone over the entire document from top to bottom very carefully. Landlords, Schools, Businesses or any other organization may not discriminate against a person based upon their status as a medical marijuana patient under the new law. However, they are allowed to restrict the use or cultivation of MMJ on their property. These new rules to take effect during the last week of September, 2011 are the legal protections available for MMJ patients when it comes to property rentals. It is not uncommon, aside from MMJ, for a landlord to prohibit certain activities from taking place on their property. A landlord has the right to allow or deny any and all privileges within reason of the law. Examples of things they may allow or deny: Smoking, Partying, Fire Pits, Remodeling, Certain aspects of Landscaping, etc... Basically, under this new law, a patient is better protected in their use of MMJ, but there is nothing that states a landlord must allow them to cultivate, smoke, or otherwise ingest marijuana on their property for any use, including medical use. It would be best to do some research on the area you plan to move to, this will give you an opportunity to gauge the tolerance level for MMJ in that area or specific property you plan to rent. I hope this helps clarify the current issue with MMJ patients, caregivers, and using rental properties to conduct the cultivation and use of MMJ.

 

[corners]

I was wondering if it was hard to find a rental in Maine to grow MMJ? Are landlords very skeptical? or are patients/caregivers protected and allowed to grow? Another thing with rentals I was wondering about... how do you handle having to update any electrical wiring? This is really my biggest area of concern. Any advice or experience would be greatly appreciated!

From what i can tell it ALL depends on your neighbours and landlords. If they are cool with it, its all good. If not, cops might knock on your door. If you go on channel 6 news blurting you have a grow, even with a license, the cops WILL take your girls and gear. Might return it later, if you are lucky

So it all depends, heh

 

[420patient]

I found this quote on another site: Medical usage, smoking, vaporization. The quote specifically is:

"Maine’s law explicitly allows a landlord to prohibit the smoking of marijuana for medical purposes on the premises if the landlord prohibits all smoking on the premises and posts notice to that effect. However, a restriction such as this would still allow qualifying patients to ingest their medicine using vaporization or other methods, such as consuming marijuana in food, teas, and tinctures."

I can't seem to be able to find this called out, anywhere else. Thoughts?

As far as growing - it DOES seem as if they could still refuse rental!

 

[mdanforth]

a landlord might be alright with vaping....I just wouldn't tell em....

however growing is a diff story, that puts your landlord in violation of federal law and most(all) don't like that....this also covers some info in another thread that got off track. if you ask your landlord permission to grow and he says no and you still do he has recourse to evict you and you will have zero recourse to stop that....all the landlords I know, save 2, would not allow growing even for a personal grow....

being a renter puts patients almost at the point of having to rely on cargivers....I'd say dispensaries but none of them are dispensing......

 

[kindnugz]

Obama's latest crackdown on landlords in CA is creating a lot of fear. Would it be better to not even tell a landlord? You have to find the right place that is big enough and has an offsite landlord (hopefully who doesn't give a shit about the property and never comes around). Stealth is still key to avoid trouble.

If you want to go bigger, you have to have the resources to rent a secluded home.

 

[mdanforth]

I wouldn't put a landlord in that position....ask yourself if you would want the feds fucking with you because of a renterif you were a landlord.....it's better to be upfront or use your own property.....

 

[Maine Brookies]

I'm pretty sure that not telling your landlord provides him with a defense in the event of an attempted forfeiture or prosecution while informing him makes an accomplice. I've never heard of the feds trying to take a landlords property for an illegal grow, at least.

 

[mdanforth]

I'm pretty sure in cali and wash state the feds stated the landlord can forfeit their property even if they don't know.....I just wouldn't put someone in that position I guess.....