Finding 420 Friendly Housing in Boulder
Marijuana is legal for recreational use, but many residents and visitors are struggling to find a place where they are permitted to smoke. Public consumption of marijuana – whether you are smoking or eating edibles – is illegal in Colorado. And with strict public consumption laws and a lack of pot cafés and other approved marijuana venues, your home may be one of the only places you are legally allowed to smoke.
But that isn’t the case for all renters in Boulder. Many landlords state within their lease that there is no smoking either in the home or on the property. Others won’t even allow possession of marijuana. Is this legal when marijuana is legal in the state? How can you find a 420 friendly landlord? And if you can’t smoke at home or in public, where can you smoke?
Why Can’t I Have Weed in My Apartment When It’s Legal in Colorado?
While marijuana is legal for recreational use in Colorado, federal laws still classify marijuana as a Schedule I controlled substance. So, while some landlords may prohibit marijuana in rental properties because they don’t approve of the drug, many others are simply trying to cover themselves from potential legal issues. Others are concerned about damage to property value from the odor of marijuana smoke or the humidity required to cultivate marijuana plants.
State law allows landlords to prohibit the use or possession of marijuana in a rental property, and you should check your lease before bringing marijuana into your apartment or house. If marijuana is clearly prohibited in or on the property, recreational users who break their lease may not have much legal recourse if their landlord chooses to evict them.
The issue becomes a little more complicated, however, with medical marijuana. Federal law still prohibits the use of marijuana, and landlords or property owners may feel legally obligated to adhere to federal laws when there is a conflict with state laws, particularly in subsidized housing. But many states prohibit housing discrimination based on medical conditions. And since federal funds can no longer be used to prosecute medical marijuana patients, landlords may not be able to rely as heavily on federal law should a case go to court.
But does that mean a medical marijuana patient can smoke in their apartment if the lease prohibits marijuana possession or use? From a legal standpoint, the issue is still up for some debate. If your lease clearly prohibits marijuana, you may find that the only place you can legally consume the drug is at a marijuana club or 420 friendly venue. But such locations can be hard to find in Boulder. You can’t just stop by the local pub for a joint, and if you try to order a bowl at a restaurant they’ll just bring you soup.
Whether you are a recreational smoker or a medical marijuana patient, your most convenient option in the long run will be to find 420 friendly housing and a landlord that clearly states he or she will allow the use of marijuana in or on the property.
How to Search for 420 Friendly Apartments
Many landlords, realtors and hotels are beginning to realize that there is a great deal of money to be made by catering to marijuana consumers… or at least in tolerating marijuana use. But that doesn’t mean it is easy to find marijuana friendly rentals, as many smokers can attest. So what are your options?
Search General Apartment & Housing Websites
General apartment and rental sites offer a superior number of listings to look through and are an obvious place to start your search. But, fewer and fewer major housing/apartment rental sites have a way to narrow listings to only those that allow smoking. And, even when you can narrow results to listings that allow smoking, some realtors may allow cigarettes while still prohibiting marijuana. Others may allow you to smoke outside so long as your neighbors aren’t disturbed by the smell, but by the time you move far enough away from the building you are at risk of receiving a ticket for public consumption. Even 420 friendly landlords and realtors may not clearly indicate that they allow smoking, at least not in a way that you can search and filter.
Without an easy way to sort for 420 friendly apartments, you may spend time researching dozens of promising places only to call and find out marijuana is prohibited. Surely there is a better way.
Specialized 420 Apartment & Housing Websites
A number of specialized websites have begun popping up to help Colorado residents and visitors find 420 friendly apartments and lodging. Sites like ColoradoPotGuide.com and WeedRentals.com offer a great starting place, but they are still growing their list of 420 friendly apartments and rentals, and you might be hard pressed to find the right place if you limit your search to only these sites.
Check Craigslist for “420 Friendly”
If you come up empty while searching other apartment and housing sites, consider trying Craigslist. Many of the individuals posting rooms, units or looking for roommates understand that marijuana is a part of the Colorado culture, and they clearly state in their ad whether or not they allow marijuana.
Word of Mouth
Keep your ears and eyes open, and don’t be afraid to ask questions. If your friends smoke, ask them about their landlord’s stance on marijuana. Some property owners and managers are more willing or able to accommodate marijuana consumers than others. Speaking directly to property managers allows you to clarify their stance and show that you respect how they wish to run the property, thereby potentially adding your name to the top of the waiting list. The building’s marijuana policy may be a key factor in your decision, but try to spend the extra time discussing the apartment or unit and its other amenities before bringing up weed. Even lenient landlords may have doubts if your first question is, “Can I get high here?”
Boulder’s First Recreational Marijuana Dispensary
Whether you are able to smoke at home or you have to keep your weed at a friend’s place, make sure you are getting the best deal on top-shelf, organic bud and concentrates.
Karing Kind is Boulder’s first recreational marijuana dispensary and is proud to offer the lowest marijuana tax in Colorado. Our award-winning budtenders can help you find the right product at the right price. And we’re open late until 10pm, making us a convenient stop before or after you start your night.
While we carry a variety of strains, concentrates and edibles, our inventory and stock levels fluctuate from week to week. Check our menu and follow us on Instagram and Twitter for an up-to-date list of edibles, concentrates and buds available now.
Many landlords don't allow smoking. Others won’t even allow possession of marijuana. So how can you find 420 friendly housing in Boulder?
Landlords, Legal Cannabis and Renting in Marijuana Friendly States
Sunday June 17, 2018
R ecreational cannabis use is now legal in several states across America, and more than 30 states have legal medical marijuana in some form or another. Despite this profusion, it is still unclear whether a renter can use cannabis on leased property.
Adding to this confusion is whether these rules could apply to non-smokable forms like edibles, tinctures, and topicals, and if federal law, where all cannabis is illegal in any form, takes precedence over legal state statutes.
Simply put, in states that allow for at-home cultivation, a landlord must prohibit growing pot as a clause in the lease. Home selling and rental site Zillow writes, “If the issue comes up after the lease has been signed without such a clause, the landlord would likely need to rely on an anti-drug or crime policy that hopefully was included in the lease.”
If the tenant were to violate the lease clause prohibiting home grows, the landlord would then need to send written notice. If the tenant continued to grow cannabis at home after receiving written notice, the landlord could then move to evict the tenant.
Because of the sometimes questionable nature of growing cannabis within a leased property in a legal state, it’s always best to be upfront with the landlord to avoid any mishaps down the road.
There are many landlords who are not concerned with cannabis and allow tenants to possess, consume and grow it within their rental so long as their following state laws. Conversely, some landlords are very much against cannabis and side with the federal government when it comes down to brass tax.
Why Landlords Are Concerned
Landlords in Canada, where legal cannabis markets are set to open in the summer of 2018, have several concerns about home grows and at-home cannabis use, including the use of hazardous chemicals like pesticides, safety hazards due to a strong reliance on electrical systems, mold-causing humidity, financial liability to the landlord and owner, and strong odors seeping to other units.
However, there are some businesses using legal cannabis as a selling point as some canna-tourists or medical marijuana refugees move to other states to take advantage of recreational or medicinal cannabis markets. Landlords who choose to prohibit cannabis tend to apply the same tactics used with cigarettes and cigars, and this is usually included in the lease agreement.
Many insurance policies typically include “illegal act exclusions,” where they are not required to cover damages done during illegal activities. So, even if cannabis is legal in your state, some landlords may be reluctant to rent to people upfront about their cannabis usage due to its federal illegality.
Every State is Different
In Massachusetts, landlords can ban through lease agreements smoking and cultivation of cannabis but cannot prohibit non-smokable cannabis consumption, like edibles and vaporizing. Michigan law states that landlords are not required to lease to anyone smoking or growing at home as long as it is clearly stated in the lease, and in Rhode Island, landlords cannot penalize or refuse to rent to a medical marijuana cardholder.
Most states allow landlords to ban smoking cannabis as long as vaporizing, edibles, topicals, and other consumption methods are allowed.
Ultimately, it is up to the landlord to have a full and clear understanding of state laws and to iterate them clearly in lease agreements, and it is up to the renter to know which forms of consumption are allowable on site.
What if I Have a Medical Marijuana Card?
A tenant could credibly argue that not being able to use or grow medical marijuana could violate their rights to receive “reasonable accommodation” according to the Americans with Disabilities Act of 1990. However, a few prominent legal cases have come down firmly against such an argument.
In the California case, Ross v. RagingWire Telecommunications, the state supreme court ruled that even though Prop 215 made medical marijuana legal, the Fair Employment and Housing Act “does not require employers to accommodate the use of illegal drugs,” and that California’s medical marijuana law does not give a person “a right to use marijuana free of hindrance or inconvenience, enforceable against third parties.”
The United States Supreme Court ruled in 2005 against Oakland California-based Angel Raich, a severely ill medical marijuana patient who had her cannabis seized and destroyed by federal agents. In this instance, the court held that the Commerce Clause has the power to regulate the use of marijuana home-grows in states where medical cannabis consumption is legal.
So, being a medical marijuana patient, regardless of severity of condition, is no guarantee to use or grow cannabis on any rented property unless explicitly agreed to in the lease agreement.
Location, Location, Location
A tenant could complain to a landlord that because cannabis is legal according to state statute they should be allowed to smoke, but the answer depends on the lease agreement. A landlord can prohibit cannabis smoking just as they can prohibit tobacco and cigar smoking on site, as long as it is stated explicitly in the lease. If it is not, the landlord would need to work with the tenant to come to an agreeable solution.
What state cannabis laws generally allow is for individuals to use or grow cannabis in the privacy of their own homes. However, many people do not have access or resources to own private property. In the meanwhile, it is up to landlords to be legally proactive and state their cannabis regulations clearly in lease agreements, and up to potential renters to ask what kind of cannabis consumption, if any, is allowed on-site.
What are your experiences with landlords and cannabis? Share them in the comments below!
As more states pass progressive marijuana legislation, an increasing number of renters are wondering if legal cannabis is actually legal within their rental properties. Learn more about landlords, legal cannabis and the laws surrounding at-home consumption and cultivation in rented properties.