What are is a landlord’s potential liabilityif their tenant grows medical marijuana?

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What are is a landlord’s potential liabilityif their tenant grows medical marijuana?

I own my own home and I am renting out rooms. One of my renters has a medical marijuana license and would like to grow his crop in the house. Can I rent to them and not be legally responsible for the crop? Can I rent them a room without going to jail?

Asked on January 26, 2011 under Criminal Law, Michigan

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

First of all, medical marijuana growth is still technically illegal under federal law.  While state law may differ, it is still an ongoing issue for police and for the courts. That being said, you are indeed ultimately responsible for any activity and its impact conducted in your home, especially since you are not only the landlord but you live there, as well and you know of the activity.  If he grows crop in your house with your permission and knowledge, and he is arrested for violating any applicable laws (whether his intentions are lawful or otherwise), you can also be charged as a principal in the crime or as an accessory.  You cannot rent to him and not be potentially held responsible for his actions.  You may wish to think twice about renting to him. 


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