No smoking!

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It’s not likely that Utah will see legal/recreational pot use in the near future.  However the Utah Legislature did pass a law last year and the Governor signed it to allow a tincture of sorts to be used by people with intractable epileptic disorders and to use CBD oils if certified to do so by their neurologists. So in a nutshell, smoking dope is illegal in Utah.

   Interesting questions arise when it comes to rental properties and smoking in general in the property. Landlords and condo HOA/Boards can and do put into leases and CCR’s that ‘no smoking’ is allowed on the premisis, but what about ‘vaping’?  Real estate lawyers around the country are trying to keep up with the changing laws and recommend to landlords that ‘the more you spell out in your lease agreement with your tenant the more protected you are’.   Just because your lease or HOA says no smoking is allowed, I’ll bet it has no language specifically about marijuana or cannabis.

   To make your lease more precise as a landlord, write in that ‘cooking, growing or smoking or vaping any illegal substance is strictly prohibited on the property’. Both tobacco and pot smokers have moved to the new trend of ‘vaping’. Vapor pens look like ‘Tiparillo’ cigars and have cartridges of tobacco or pot (with or without flavorings) to smoke via electric/water generated steam instead of smoke.

   Smoke shops in Utah do not have any regulations yet on vaping and what’s in the cartridges except that they can’t sell any form of marijuana-based products. There is currently no quality control over the contents of vapor pens by the FDA/government either. The Pew Research center reported last year that 52% of Americans support legalizing pot but the odds are if Utah citizens were polled they would be much less supportive of legalizing marijuana use. We’ve had several clients of our brokerage sell their homes in Utah to move to Colorado last year just because they simply wanted to live in a state where smoking/using marijuana was legal.