Landlords risk legal action over prescription cannabis ban

Landlords risk legal action over prescription cannabis ban

0:06 AM, 6th September 2024, About 17 hours ago 4

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Landlords are at risk of breaching the Equality Act if they don’t allow tenants to use prescription cannabis, a report warns.

The Cannabis Industry Council (CIC) is also warning property managers and housing associations that they must meet their obligations under the Equality Act 2010.

In a report, entitled ‘The Use of Prescription Cannabis in Buildings’, landlords are warned that under the law they cannot discriminate based on disability.

The CIC says that many medical conditions qualify as disabilities, and the report emphasises that housing providers must make reasonable accommodations for tenants using prescribed medical cannabis.

‘Treat prescription cannabis patients like any other’

The report’s author, Mohammad Wasway of PatientsCann, said: “Housing providers must treat prescription cannabis patients like any other medical patients, and indeed should take steps to ensure patients can consume their medication at home.

“We urge landlords and housing associations to proactively engage with tenants and leaseholders, to ensure that they do not discriminate against patients with disabilities.”

The CIC’s standards working group chair, Elisabetta Faenza, said: “The Cannabis Industry Council will be engaging with housing providers to help them understand their legal obligations and support their tenants and leaseholders.

“We believe it would be proportionate for landlords who continue to deny patients their basic rights to be added to ‘rogue’ landlord databases or indeed be taken to court.”

Allowed to use of prescription cannabis

The report says tenants should be allowed to use prescription cannabis within the confines of their homes for privacy.

Landlords should not have any discriminatory rental agreement provisions that prohibit or significantly restrict the possession and consumption of the medication.

The report also provides guidance for patients to help them understand their legal rights.

Since 2018, specialist doctors have been allowed to prescribe cannabis medicines to their patients, who are then legally allowed to possess and consume the medication.


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moneymanager

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10:36 AM, 6th September 2024, About 7 hours ago

All our apartments are non smoking, if a tenant, for WHATEVER reason, smokes, they get charged for repairs accordingly, no discrimination.

Reluctant Landlord

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10:48 AM, 6th September 2024, About 6 hours ago

If in flats, I can see other neighbours being very impressed with that. NOT. What about their right to enjoyment of the property. Who wants weed smell infiltrating their space?

Does that mean I am able to ask on a tenant application form now the prospective tenants heath circumstances and ask if they have been prescribed the same? I see claims of 'privacy infringement' that will follow....

Paul Essex

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12:07 PM, 6th September 2024, About 5 hours ago

How many plants can they grow for this personal consumption?
The anti landlord regulations get dafter, perhaps someone is shut in and office and forced to make up new ones.

DPT

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13:25 PM, 6th September 2024, About 4 hours ago

In my view this is a very unhelpful article because it doesn't make clear that the products being prescribed by medical professionals are derivatives of cannabis that don't provide the same "high" that resin cannabis offers. I'm not aware of any doctor who would prescribe smoking as a health benefit or prescribe cannabis in its raw form, so any tenant of mine claiming that their stash is being used on medical grounds is blagging and I would deal with them in accordance with the regular drugs policy.

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