Q: My lease says I can't "Violation of any federal drug laws" about weed. I live in Virginia. Can I smoke weed?
"Violation of any federal drug laws governing the use, possession, sale, manufacturing and distribution of marijuana, regardless of state or local laws. (So long as the use, possession, sale, manufacturing and distribution of marijuana remains a violation of federal law, violation of any such federal law shall constitute a material violation of this rental agreement.)"
It's against the lease to smoke in the apartment, so I was going to smoke 25 ft from the building and/or in my car in the parking lot. Can I get kicked out for this?
(I bought it at a dispensary, so it's legal to own/smoke according to state laws I think)
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
While marijuana may be legal for recreational or medical use under Virginia state law, it is still illegal under federal law. Because of this, your lease's clause about violating federal drug laws means that any use, possession, or distribution of marijuana could be considered a breach of the agreement. Even if you purchased it legally from a dispensary in Virginia, federal law still applies.
Smoking 25 feet away from the building or in your car in the parking lot does not change this situation. Your landlord could argue that you are violating the lease terms because marijuana is still illegal federally. This could potentially lead to eviction if they choose to enforce that clause strictly.
It's important to weigh the risks and understand the specific enforcement policies of your landlord. If you're uncertain, consider discussing it directly with them to understand their stance on marijuana use. This way, you can avoid any misunderstandings or potential issues.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
