It is legal in Washington to possess and use marijuana for medicinal purposes with the approval of a doctor. Recently in King County a landlord attempted to evict a tenant because of drug possession and use.
At a show cause hearing the court set the matter for trial, rather than granting the landlord the eviction. The tenant did not deny possession or use of illegal substances, but cited medical use as a defense. The court reasoned that the issue of whether the amounts of marijuana in question were appropriate for personal medicinal use should be heard at a trial, not a summary proceeding such as a show cause hearing.
Trying the case will cost the landlord considerably more in attorney fees and time, with no guarantee he will prevail.
The case illustrates the point that although the landlord wins the majority of eviction cases, evictions, like any litigation, may take unpredictable turns. Also, it is worth noting that had the landlord screened for medical marijuana status, failure to lease to the tenant without other legitimate grounds would likely be a failure to make a reasonable accommodation.
This was not one of our cases. An attorney arguing a show cause hearing for our firm sat through it. Nevertheless, to try to avoid trial in the future we will take this case into account.
Travis Scott Eller
