A licensee recently discovered that a tenant is legally growing marijuana at the premises and posed the following questions: does the growing or cultivation cause harm to the property? If a landlord disallows it in a lease, is he/she violating Fair Housing Laws by not allowing a tenant who is in the need to medically use marijuana? Before addressing these issues, it is important to know:
When is growing marijuana legal in Nevada? In order to legally be authorized to grow marijuana plants at a person’s residence, a person must fall within one of the following four categories:
the tenant must hold the registry identification card or his or her designated primary caregiver, if any, was cultivating, growing or producing marijuana in accordance with this chapter on or before July 1, 2013;
all the medical marijuana dispensaries in the county of residence of the person who holds the registry identification card or his or her designated primary caregiver, if any, close or are unable to supply the quantity or strain of marijuana necessary for the medical use of the person to treat his or her specific medical condition;
because of illness or lack of transportation, the person who holds the registry identification card and his or her designated primary caregiver, if any, are unable reasonably to travel to a medical marijuana dispensary; or,
no medical marijuana dispensary was operating within 25 miles of the residence of the person who holds the registry identification card at the time the person first applied for his or her registry identification card.