Can I be served an eviction notice for growing my own medical marijuana?

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Can I be served an eviction notice for growing my own medical marijuana?

I am a legal medical marijuana program patient and grower. I grow my own medical marijuana in my spare room of my apartment. It is in need of repairs but I am hesitant in contacting the owner or land management about them in fear of finding out about my growing and being served with an eviction notice. Can they do this?

Asked on August 28, 2012 under Real Estate Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, you could potentially be evicted. From what you write, your actions are legal, but they are not necessarily compatible with a residential lease. A residential rental may only be used for residence, not for growing crops or plants. So even though you appear to be allowed to grow medical marijuana, that does not necessarily mean you can grow it in a residetial apartment.


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