Can an HOA threatened police action and eviction for the use of medicial cannabis?

UPDATED: Jan 30, 2012

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Can an HOA threatened police action and eviction for the use of medicial cannabis?

I am a legal medicinal cannabis patient; I have a card and a letter issued by the state. A couple of nights ago, while I was asleep, the head of the HOA in the community where I live knocked loudly on my door and woke me up. I answered the door and she asked me if I was smoking “pot”, which I responded honestly “no I have not”. She then threatened me that if they smell it again that they will call the police. Again, I am a legal patient but I am 110% that the smell did not come from my apartment.I haven’t had any medical cannabis in my possession in over a month. And when I do have medicinal cannabis I use it very discreetly. If they call the police for smelling it in the community but its not coming from me, can the police harass me about it? Can the HOA have the owners of the apartment that I am currently renting have me evicted? If these events ever happen, what can I do to correct the issue?

Asked on January 30, 2012 under Real Estate Law, Nevada


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yes, the HOA in the planned unit development where you reside can threaten police action against you for your use of medical marijuana. However, since you have a valid medical marijuana card, you are not doing anything illegal. If you are charged with the use of marijuana by law enforcement, you have the medical marijuana card issued to you as a defense to any criminal charges.

As to you being evicted via pressure of the HOA on the landlord, your use of marijuana is valid since you have the medical marijuana card. For the HOA to pressure the landlord to evict you for the marijuana use would be like the HOA wanting to evict you due to religious, racial, ethnic or gender reasons which would be discriminatory and illegal under the laws of this country.

If the eviction issue is raised due to the marijuana use, advise the person that your use is legal. If the eviction matter proceeds, consult with a landlord tenant attorney about the subject.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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