Another thing to consider is that police are no longer arresting citizens for the use or possession of marijuana. Therefore, landlords have lost some of the leverage they once had by threatening their tenants with calling the police if they are found in possession or using marijuana.
If a landlord or property manager wishes to prohibit marijuana use in his or her rental properties, he or she should incorporate a crime and drug-free lease clause into his or her lease agreement. Under Colorado law a landlord may evict a tenant for failing to abide by the drug policy contained in the lease agreement.
On Nov. 6, 2012, Colorado became one of the first states in the union to permit recreational use of marijuana. While the full ramifications of this amendment’s impact are still being sorted out, the impact on landlord tenant relationships in Colorado is clear.
Structuring a Lease to Deal with Marijuana
There is no requirement that a landlord have the same policies for both recreational and medical marijuana use. However, if a property owner accepts federal subsidies and permits the use of marijuana, he or she could be in danger of losing those subsidies because marijuana remains illegal under federal law.
Even if a landlord decides to allow marijuana use on his or her property, the landlord can still refuse to allow tenants to grow pot on the property. There are many valid reasons for making this distinction. The hydroponics often used to grow marijuana can produce mold, and the growing operation consumes vast amounts of electricity. While this a big issue where the landlord pays the electric bill, there are other equally important concerns:
Prohibiting Marijuana Growth on Property
Depending upon the approach you want to take dealing with the use or growing of marijuana on your property, you could consider the provisions to include in your lease agreements:
Amendment 64 specifically authorizes:
There are facilities you can rent in denver like long term storage or home brew shops where you brew at the shop. Do a google for them.
Two years and you want to know what policies are in effect today? This smells like a “my friend wants to know” situation
I am moving to Colorado in 2 years and was wondering what the prevailing policies at Denver apartments were as far as a small grow tent grow in a rental. I appreciate any insights on this.
My recommendation is that if you don't live at your apartment all the time, don't do it. Better to just buy what you need instead. On top of the inspection issues that come with an apartment, you also have to think about how you're going to get your grow supplies without being found out (either by delivery packaging/return addresses or by being seen carrying stuff into your apartment). It's just a lot of logistics, risk and hassle.
Everyone will against it, even if it’s a technicality because of federal laws. Especially since AG sessions over turned the memo saying for the feds to stop raiding legal states. It’s still Wild West for the Cannbis industry. Plus, you wouldn’t want Denver. They just added pretty strict growing rules at a 12 plant limit. In Pueblo you can still go up too 99 with a medical card. If you’re a grower, Pueblo is kinda the spot to be. Please, follow the laws. They will raid you, and watch for power spikes in the grid.
Late to the party here, but I can give you some additional info. First of all, like everyone has said, the lease in any decent apartment complex will forbid you from growing. If you decide to grow anyway, you're taking a risk because if you get caught and evicted it's going to be hard for you to find another place.
Or an emergency where they have to pop in randomly or the random maintenance visits for whatever you may have to hide or move the tent