How Do I Prove My Tenants are Legal with Medical Marijuana?

This week the question for Ask Landlord Hank is about medical marijuana and tenants. Remember Landlord Hank is not an attorney and is not giving legal advice so check your local ordinances.

Dear Landlord Hank:

I have new tenants using medical marijuana. Only medical pot allowed in Florida. How do I legally verify it is medical marijuana?

This is a very good area and I do not want druggies here. The upstairs tenants are long-term lease holders and are about ready to call the police or move out.

Thank you for your kind consideration of this situation!

Hi Landlady Linda,

I’m sure your lease has prohibitions against criminal activity.

I’m afraid I like the straight approach with people. I would ask them for their medical marijuana card, otherwise they are engaging in illegal activity, which is in violation of the lease.

By the way, a new bill was introduced into the Florida legislature on Jan 22, 2021 to legalize marijuana for recreational use in Florida provided you are at least 21 years of age.

This may never pass and become law so you need to deal with this now.

If your new tenants can’t produce a medical marijuana card, I would tell them they are in violation of the lease and the law, and give them the chance to move out, quickly.

Sincerely,

Hank Rossi

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