Despite changes in Washington State law, landlords can still prevent or restrict tenant marijuana use on a rental property. Much like smoking cigarettes, landlords can prohibit legal activities. As for medical marijuana usage, tenants are not protected under the Americans with Disabilities Act because marijuana growing and possession are still considered a crime under federal law. However, a landlord who wants to evict a tenant solely because of marijuana usage may find it difficult to do so since it is legal under state law. Landlords who wish to ban the production and usage of marijuana should consider a clause in the lease that bans smoking indoors and stipulates that the production and distribution of drugs, in violation of state or federal laws, is a violation of the lease.
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