Fort Lauderdale, FL asked in Cannabis & Marijuana Law and Landlord - Tenant for Florida

Q: My family wants to all of a sudden drug test me to stay in the house.

I’ve been in multiple accidents and have been dealing with pain for a while. I occasionally need it for that. I used to take narcotic and non narcotic prescription drugs prescribed to me by a pain doctor and all the others who saw me. My attitude and my emotions changed for the worse as side effects took place it was getting very bad to where I could have gone to jail so I stopped immediately... So I started smoking again after a 4-5 year streak of not doing it after highschool. At the moment Covid 19 has made my finances worse and the fact that I’m always in pain now because I have to do a drug test or be kicked out makes absolutely no sense especially if I pay all my rent I’m not living for free. I also do whatever they want including chores or what they don’t want to do. I’m 24 years old and I’m moving very soon but need to be here in the meantime to collect more money. Do I have to just oblige because it all of a sudden happened and it’s because they don’t like cannabis.

2 Lawyer Answers
Jean Richardson
Jean Richardson
PREMIUM
Answered
  • North Miami, FL
  • Licensed in Florida

A: Your issue is more personal than legal. Your family can't force you to take a drug test. It sounds like they don't want you to smoke in their house. That is not an unreasonable request. It also sounds like you taking a drug test is a condition precedent to you remaining in their house. You can comply or you can move out. You know your family better than I do, will they go as far as to throw you out? Particularly now with an uncertain economy. You mentioned that you pay rent. Do you have a rental agreement? Regardless, if they want you out and you did not want to move, they would have to evict you for it to be legally enforceable. Right now, courts are not evicting people. However, I'm sure things will get back to somewhat normal soon. Meaning, evictions will resume eventually.

It also sounds like your family care about you and do not want you to abuse drugs. Perhaps you should consult with a doctor to find out what non narcotic treatments are available to you. Good luck!

Bruce Alexander Minnick agrees with this answer

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Landlord Tenant Lawyer
  • Tallahassee, FL
  • Licensed in Florida

A: Have you considered that if what YOU want to do--smoke dope and presumably hand around others who do-might come back around and hurt your parents? I have clients whose children want to do drugs--and their parents are smart enough to know that the police and states attorneys can make BIG trouble--for the parents--if their children get caught.

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