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ADDENDUM TO APARTMENT RENTAL AGREEMENT

CONCERNING MEDICAL MARIJUANA

This is an ADDENDUM to the Rental Agreement (lease) shall be in effect for the full duration of the Rental Agreement between ________________________________ as Owner/Agent and __________________________________________

as Resident(s) for the following dwelling Unit #: ______, located at _____________________________________________.

(address/city/state)

Conflict on medical marijuana between Federal and New Mexico laws: New Mexico state law permits patients to possess, use and/or cultivate medical marijuana in accordance with their guidelines established in the “Lynn and Erin Compassionate Use Act”, NMSA 1978 §§ 26-2B-1 to 26-2B-7. However, the Federal Controlled Substances Act (“CSA”) located at 21 U.S.C. § 801 et seq. classifies marijuana as a schedule l controlled substance, and therefore illegal. See 21 U.S.C. § 812(c). As a schedule l substance, marijuana has no currently accepted medical use. See 21 U.S.C. § 812(b)(1). Until there is either a change in Federal law and/or a case that overturns the mandate of the Federal Controlled Substances Act as it relates to “medical marijuana”, the Owner will strictly adhere to the Federal Control Substances Act, which makes marijuana use or possession a crime, and to the mandate that Federal Law preempts any state law to the contrary.

Use, possession or cultivation of medical marijuana: As Owner is committed to strict compliance with federal and state laws and regulations prohibiting criminal activity, more specifically under this addendum concerning the prohibition of drug-related criminal activity. Owner therefore WILL NOT consent to, tolerate, allow or permit the use, possession and/or cultivation of medical marijuana at its property. THEREFORE, THE USE OR POSSESSION OF MEDICAL MARIJUANA IS STRICTLY PROHIBITED BY OWNER.

Eviction: Notwithstanding the actions of state legislatures permitting marijuana use for medicinal purposes, there is no corresponding law at the federal level and marijuana possession and/or use, sale or distribution remains a federal crime. In federally regulated programs, regulations provide that any individual who has been prescribed marijuana use for medicinal purposes should have their assistance (if any) terminated (24 CFR CFR 982.552(b) and 983.553).  HUD and USDA-RD regulations further allow Owner to evict a tenant for any activity related to any controlled substance, including medical marijuana. In 2002, the US Supreme Court upheld this decision, allowing landlords to evict public housing tenants for "any drug-related criminal activity on or off such premises, by any member of the tenant's household, or any guest or other person under the tenant's control." See Department of Housing and Urban Development v. Rucker, 535 U.S. 125 (2002). In 2005 the U.S. Supreme Court in the case of Gonzales v. Raich, 545 U.S. 1 (2005), held that Congress has the authority to prohibit local cultivation and use of marijuana, notwithstanding the fact that it is allowed by state law. Finally, in March of 2008, the Ninth Circuit Court of Appeals reinforced the Rucker decision by upholding a HUD-run Housing Authority's ability to evict patients for medical marijuana related reasons in Assenberg v. Anacortes Housing Authority, 2008 U.S. Dist. LEXIS 96413 (9th Cir. Mar. 5, 2008)(unpub.).

Accordingly, PLEASE BE AWARE, THat if you use, possess or cultivate medical marijuana, the Owner IS ENTITLED by law, and will seek to evict you from your rental unit.

Medical marijuana as medical expense or deduction from income: The Internal Revenue Code at 26 U.S.C. § 213, provides that medical expenses can be deducted if they exceed 7.5% of a taxpayer's adjusted gross income. New Mexico allows use of marijuana for limited medical purposes. HOWEVER, the Internal Revenue Service has ruled in revenue ruling 97-8 (published in Internal Revenue Bulletin 1997-9 on March 3, 1997) that an amount paid to obtain marijuana for medical purposes is not a deductible medical expense, even if the marijuana was obtained with a prescription issued by a physician in accordance with state law. This ruling was based upon the fact that marijuana was listed as a controlled substance on schedule 1 of the federal Controlled Substances Act (CSA)-- which supersedes the state's authority.

Therefore the marijuana was not "legally procured" and the taxpayer could not deduct as a medical expense the amount paid to purchase it. The Owner will not allow the deduction of medical marijuana as a medical expense from a tenant or prospective tenant’s income.

This is a binding legal document. Your signature means that you have read, understood and agreed to the provisions set out above and have received a copy of this Addendum and any related documents.

Applicant/Resident Signature Date Printed Name

Applicant/Resident Signature Date Printed Name

Owner/Owner’s Agent Signature Date Printed Name

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