Is a co-owner entitled to a reasonable accommodation to use medical marijuana under the Federal Fair Housing Act?

On November 8, 2016, Florida, North Dakota and Arkansas joined 25 other states and the District of Columbia in approving the use of medical marijuana. Now that medical marijuana is legal in more than half of the states in the United States, medical marijuana use is becoming an issue that condominium associations are forced to deal with. Many condominium bylaws will contain provisions that ban smoking, the creation of a nuisance or an illegal activity within a condominium. In order to get around these types of restrictions in condominium bylaws, a co-owner will likely argue that medical marijuana is legal under state law and that they are entitled to a reasonable accommodation under the Federal Fair Housing Act to accommodate a disability. This article will discuss whether a co-owner is entitled to a reasonable accommodation to use medical marijuana under the Federal Fair Housing Act.    Read the article…………


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