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Marijuana Lease Addendum Template

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Updated on April 11th, 2023

A marijuana lease addendum is a form added to a lease agreement that outlines the rules for using, cultivating, or distributing marijuana on a rental property. The addendum often covers whether or not smoking is permitted (recreationally or medicinally), the risks of growing or selling/transporting marijuana, the penalties for breaching the terms, and any applicable local or state laws. Both parties must sign this document for it to be included in the original lease.

Contents

Sample

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MARIJUANA LEASE ADDENDUM

1. THE PARTIES. This Lease Addendum (“Addendum”), made effective as of [MM/DD/YYYY], is by and between:

Landlord: [LANDLORD’S NAME] (“Landlord”) and

Tenant: [TENANT’S NAME] (“Tenant”).

The Landlord and Tenant are each referred to herein as a “Party” and, collectively, as the “Parties.”

2. ORIGINAL LEASE. This Addendum is being added to the lease agreement between the Parties, dated [MM/DD/YYYY], for the property located at [RENTAL PROPERTY ADDRESS] (“Original Lease”).

3. MARIJUANA PROHIBITED. The possession, use, cultivation, manufacture, or sale of any illegal substance, including marijuana, is strictly prohibited on the entire property, except as otherwise expressed under Section 4.

4. MEDICAL MARIJUANA. In accordance with the Controlled Substances Act (CSA), marijuana is categorized as a Schedule 1 substance, and the manufacture, distribution, or possession thereof is strictly prohibited. The U.S. Department of Housing and Urban Development states that the use of marijuana, whether or not prescribed for medical reasons, is a criminal offense and tenants are not protected under the fair housing laws. Landlord is not required to accommodate the use of marijuana by the Tenant.

5. EFFECT OF BREACH. A breach of this Addendum by the Tenant shall be deemed a material breach of the Original Lease and grounds for enforcement actions, including eviction. The Tenant acknowledges that a breach of this Addendum shall also render the Tenant liable to Landlord for the costs of repair to the Tenant’s rental unit due to damage from smoke odors or residue.

6. EXECUTION. This Addendum may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

Landlord’s Signature: ___________________ Date: [MM/DD/YYYY]
Print Name: [LANDLORD’S NAME]

Tenant’s Signature: ___________________ Date: [MM/DD/YYYY]
Print Name: [TENANT’S NAME]

Marijuana Legalization

Under federal law, the use or possession of marijuana, even for medical reasons, is prohibited. There are a number of states that have legalized the possession and use of marijuana, recreationally and medicinally, but the landlord has the final say with regard to use and possession on their rental properties.

Medical Marijuana

Because it remains a federally-banned drug, landlords will have the backing of federal law if a tenant insists on their right to use medical marijuana. While it is illegal for landlords to discriminate because of a tenant’s disability, they still maintain the right to prohibit marijuana use on their property.

This is particularly applicable to smoking, as it can negatively affect other tenants and may damage the rental unit. Landlords may be more lenient when it comes to other methods of medical marijuana usage, such as edibles, pills, oils, and vaporizers.