Marijuana Consumers Should Avoid Homeowners Associations
It has been my dream since I was a little kid to own my own home. I grew up living in apartments and relative’s houses, and always dreamed of one day living in my own home where no one could tell me what to do. At the time my main goal was to build a tree house and have a tire swing. Now that I’m older, I still have the dream of home ownership, but now my goal is to have a stellar marijuana garden.
If you aspire to own a home, or already own a home, and consume marijuana than you should avoid homeowners associations. Homeowners associations can discriminate, and likely will discriminate, against owners that consume and/or grow marijuana. Per The Oregonian:
Homeowners’ associations can’t ban members from using marijuana in their homes when it’s legal. But if neighbors can see or smell weed, the law is clear — HOAs have every right to regulate the drug as a nuisance, or a threat to children along the lines of a swimming pool with no fence.
“The fact that people may be legally entitled to smoke doesn’t mean they can do it wherever they want, any more than they could walk into a restaurant and light up a cigarette,” said Richard Thompson, who owns a management consulting company that specializes in condominium and homeowner associations.
Homeowners associations can ban cultivation, but can’t technically ban consumption. However, if a neighbor smells marijuana coming from your home, the homeowners association can take action. So while consuming on your own property can’t technically be banned, all it takes is one complaint without proof to obtain the same effect as marijuana consumption being prohibited. This goes for legal states, medical or recreational. It’s not right, and hopefully there will be challenge after challenge until all policies are updated to be sensible.