Itâ€™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 CCRâ€™s that â€˜no smokingâ€™ is allowed on the premisis, but what about â€˜vapingâ€™? Real estate lawyers around the country are trying to keep up with the changing laws and recommend to landlords that â€˜the more you spell out in your lease agreement with your tenant the more protected you areâ€™. Just because your lease or HOA says no smoking is allowed, Iâ€™ll bet it has no language specifically about marijuana or cannabis.
To make your lease more precise as a landlord, write in that â€˜cooking, growing or smoking or vaping any illegal substance is strictly prohibited on the propertyâ€™. Both tobacco and pot smokers have moved to the new trend of â€˜vapingâ€™. Vapor pens look like â€˜Tiparilloâ€™ 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 whatâ€™s in the cartridges except that they canâ€™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. Weâ€™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.