Can a Boston landlord make you remove a cannabis plant?

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Can a Boston landlord make you remove a cannabis plant?

Yes, a Boston landlord can legally require you to remove cannabis plants from your apartment, even though recreational marijuana is legal in Massachusetts. This is because property owners are permitted to regulate or prohibit cannabis cultivation on their property through a lease agreement.

Here is a breakdown of why this is the case:

Property owner rights: Massachusetts law explicitly states that property owners can regulate or prohibit the “consumption, display, production, processing, manufacture or sale of marijuana and marijuana accessories” on or in their property.
Landlord has final say: The state’s legalization does not override a landlord’s right to set their own rules for their property. Growing cannabis can present potential risks, including fire hazards from grow lights, excessive humidity causing mold, and the high electricity and water usage involved.
Federal law: Cannabis remains illegal at the federal level. For some landlords, such as those with federally subsidized Section 8 housing, this means they must prohibit all cannabis-related activities to comply with federal regulations.
Lease agreement: The most important factor is what your lease says. If your lease includes a clause that bans growing cannabis, you must abide by it. Violating this clause would be a breach of your lease and could lead to eviction.
Medical exceptions: While landlords can prohibit cultivation, the situation is different for medical marijuana use. Under certain conditions, a landlord may have to provide a “reasonable accommodation” for a registered medical marijuana patient, as long as it doesn’t expose others to secondhand smoke and the patient has other consumption methods available.

What you should do:

Check your lease: Review your lease agreement for any clauses regarding smoking, drug use, or specific restrictions on marijuana cultivation.
Talk to your landlord (at your discretion): If your lease is unclear, you can ask your landlord for clarification. However, be aware that doing so may bring the issue to their attention.
Comply with the rules: If your landlord asks you to remove the plants based on your lease, you must comply to avoid a lease violation and potential eviction.

Peace be with you

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