Marijuana: Policy Issue
Overview
While marijuana remains a controlled substance under federal law, the legalization of marijuana for medical and/or recreational purposes at the state level has become increasingly common. Many housing providers must balance the safety and health of residents who wish to use marijuana in their apartment homes with those who do not.
Industry Position
While the national trend toward relaxing marijuana policy at the state level is clear, policymakers should remember marijuana remains illegal under federal law. The National Apartment Association (NAA) supports the creation of clear expectations for owners and residents that carefully balance the risks associated with permitting a federally illegal substance on community property.
As an Owner or Operator, How Does this Affect My Business?
As legalization becomes more prevalent, many concerns, such as smoking in units, fire hazards and the impacts of home cultivation, occur for apartment owners and operators. Growing marijuana indoors can lead to health issues and increased utility. Research shows that growing marijuana indoors is correlated with increased levels of mold spores.
It is important for operators to note that marijuana remains classified as a Schedule 1 drug under federal law, as listed in the Controlled Substance Act (CSA). This is crucial if the property receives federal funding, as it is possible to lose federal funding or tax status if the property permits marijuana usage or home cultivation. Additionally, housing providers whose properties are classified as public housing may have additional requirements to consider, particularly if the property operates in a state where marijuana use and/or cultivation is allowed under state law. Below are resources that provide additional information to help housing providers navigate the applicable law(s).
Contact Information
To learn more about this issue, please contact NAA's Public Policy team.