What does Act 86 say about your Landlord and your Boss?
Disclaimer: This is not legal advice. I am not a lawyer. This piece is purely for informational purposes regarding Act 86, a Vermont bill that pertains only to Vermont and has no bearing on federal law.
So far in this series we’ve looked at what Act 86 says about personal matters with marijuana. But what about your landlord? Or your boss? Does Act 86 say anything about them?
Landlords
4230(b)
(2) This section does not…
(E) prohibit a landlord from banning possession or use of marijuana in a lease agreement…
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Possession here could very well mean both ready-to-use marijuana and growing plants. Use may be a little bit more vague. Can a landlord prohibit all use on his property, or just in the unit itself? This and many more questions will probably be answered by Vermont courts in the months to follow July 1.
Still, this is important to note, as it could potentially affect many young renters and students across the state. When considering renting a space after July 1, it wouldn’t hurt to ask landlord about their position on both use and possession, and thoroughly check the lease agreement for any inconsistencies.
Employers
Employer rights are on the next page in 4230(e)
(e) Nothing in this section shall be construed to do any of the following:
- require an employer to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale, or growing of marijuana in the workplace;
- prevent an employer from adopting a policy that prohibits the use of marijuana in the workplace;
- create a cause of action against an employer that discharges an employee for violating a policy that restricts or prohibits the use of marijuana by employees; or
- prevent an employer from prohibiting or otherwise regulating the use, consumption, possession, transfer, display, transportation, sale, or growing of marijuana on the employer’s premises.
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After July 1, you may see some more explicit notices in your employee handbook regarding marijuana. But, you may not.
Act 86 does nothing to stop or impede Vermont employer’s ability or right to prohibit all (non-medical) forms of marijuana on their premises. This includes simple possession and transportation. Act 86 also will not stop an employer from firing an employee for breaking workplace marijuana policy.
Best to be careful. If marijuana is not allowed in your rented space, or at work, then don’t risk personal or professional repercussions.
Check out previous weeks. There’s some good stuff in there.