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Marijuana and the Law ALSO INSIDE: PRC Annual Report • Milestone Membership Anniversaries Volume 92 — No. 3 — March 2021 Marijuana and the Law contents March 2021 • Vol. 92 • No. 3 THEME: MARIJUANA AND THE LAW Editor: Virginia Henson FEATURES PLUS 6 Does the Federal Criminal Code Allow 28 Milestone Member Anniversaries Landlords to Evict Residential Tenants for 32 Solo & Small Firm Conference Possession of Marijuana? A Look into HUD Regulations and Federal Preemption 34 Legislative Monitoring Committee BY ORION A. STRAND BY MILES PRINGLE 10 Marijuana and Family Law 36 Professional Responsibility Commission BY AARON BUNDY Annual Report 14 Marijuana and the Workplace: A Case Study BY MICHAEL A. FURLONG AND LAURA MCCONNELL-CORBYN 20 Waste Not, Want Not BY RACHEL O. KLUBECK 24 Specific Use Permits and Municipal Regulation of the Medical Marijuana Industry BY DAVID WEATHERfoRD PAGE 28 – Milestone Membership Anniversaries DEPARTMENTS 4 From the President 44 From the Executive Director 46 Law Practice Tips 50 Oklahoma Bar Foundation News 53 Young Lawyers Division 56 For Your Information 57 Bench and Bar Briefs 58 In Memoriam 60 Editorial Calendar 64 The Back Page PAGES 36 – PRC Report FROM THE PRESIDENT Civility: A Cornerstone of Our Civilization By Mike Mordy ARRY WOODS, A PAST PRESIDENT of the communicate through email, which can HOklahoma Bar Association and longtime Crowe & be prepared and sent without much fore- Dunlevy attorney, passed away in January. He served thought and sometimes sent with passive as OBA president in 2004, which was the first year aggression – or more. I served on the OBA Board of Governors. I had not I mention all of this because we are previously been involved with the Oklahoma Bar currently surrounded by hostility in the Association in any way, and I remember my wife and I news media and social media, but we as first attending an OBA social event where I met Harry Woods. I was immediately struck by how polite, cour- teous and attentive he was and how he was very much a gentleman. He was the epitome of civility. I never had a case with him but remember he and I both being … we are currently at a motion docket where I noted his same civility in that professional setting. surrounded by hostility Civility is an important attribute of mankind and is a cornerstone of our civilization. Civility is espe- in the news media and cially important in our profession. Justice Sandra Day O’Connor said, “Unfortunately civility is hard to codify social media, but we as or legislate, but you know it when you see it. It’s possi- ble to disagree without being disagreeable.” attorneys must maintain There has been, and still is, much discord in our country. Some our civility in dealing with members of the media, including reporters, appear to have lost their the public and especially civility, as evidenced by their man- ner in interrupting, patronizing in dealing with each other. and failing to respect those who are in governmental authority when interviewing them. The use of attorneys must maintain our civility in emails has in some way, and in some dealing with the public and especially cases, caused deterioration in the in dealing with each other. We need to civility of our communications with be reminded that “civility is not a sign of each other. Sending a letter was our weakness,” as stated by John F. Kennedy, previous means of communicating, nor is it a quaint notion, but rather is a which required some forethought in matter of being courteous and polite. dictating or drafting the correspon- I hope that we can continue to be President Mordy practices dence, having it typed, proofing it, courteous, polite and civil towards each in Ardmore. maybe retyping it and then signing other, and the public, and not fall into [email protected] 580-223-4384 and sending. Now we typically some of the current strife and discord. 4 | MARCH 2021 THE OKLAHOMA BAR JOURNAL THE OKLAHOMA BAR JOURNAL is a publication of the Oklahoma Bar Association. All rights reserved. Copyright© 2021 Oklahoma Bar Association. Statements or opinions expressed herein are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Volume 92 — No. 3 — March 2021 Board of Editors or staff. Although advertising copy is reviewed, no endorsement of any product or service offered by any advertisement is intended or implied by publication. JOURNAL STAFF BOARD OF EDITORS Advertisers are solely responsible for the content of their ads, and the OBA reserves JOHN MORRIS WILLIAMS MELISSA DELACERDA, Stillwater, Chair the right to edit or reject any advertising copy Editor-in-Chief for any reason. Legal articles carried in THE [email protected] LUKE ADAMS, Clinton OKLAHOMA BAR JOURNAL are selected CAROL A. MANNING, Editor AARON BUNDY, Tulsa by the Board of Editors. Information about [email protected] submissions can be found at www.okbar.org. CASSANDRA L. COATS, Vinita LAUREN RIMMER BAR CENTER STAFF Advertising Manager VIRGINIA D. HENSON, Norman John Morris Williams, Executive Director; [email protected] Gina L. Hendryx, General Counsel; Jim C. SCOTT JONES, Oklahoma City Calloway, Director of Management Assistance TONY MORALES, Shawnee Program; Craig D. Combs, Director of Administration; Janet K. Johnson, Director of ROY TUCKER, Muskogee Educational Programs; Beverly Petry Lewis, Administrator MCLE Commission; Carol A. DAVID E. YOUNGBLOOD, Atoka Manning, Director of Communications; Dawn Shelton, Director of Strategic Communications and Marketing; Richard Stevens, Ethics Counsel; Robbin Watson, Director of Information Technology; Loraine Dillinder Farabow, Peter Haddock, Tracy Pierce Nester, Katherine Ogden, Steve Sullins, Assistant General Counsels OFFICERS & Les Arnold, Julie A. Bays, Gary Berger, BOARD OF GOVERNORS Debbie Brink, Jennifer Brumage, Melody Claridge, Cheryl Corey, Ben Douglas, MICHAEL C. MORDY, President, Ardmore; Johnny Marie Floyd, Matt Gayle, Suzi CHARLES E. GEISTER III, Vice President, Oklahoma City; JAMES R. Hendrix, Debra Jenkins, Rhonda Langley, HICKS, President-Elect, Tulsa; SUSAN B. SHIELDS, Immediate Jamie Lane, Durrel Lattimore, Edward Past President, Oklahoma City; MICHAEL J. DAVIS, Durant; TIM E. Maguire, Renee Montgomery, Whitney DECLERCK, Enid; JOSHUA A. EDWARDS, Ada; AMBER PECKIO Mosby, Lauren Rimmer, Tracy Sanders, GARRETT, Tulsa; BENJAMIN R. HILFIGER, Muskogee; ANDREW E. Mark Schneidewent, Kurt Stoner, Krystal HUTTER, Norman; DAVID T. MCKENZIE, Oklahoma City; MILES T. Willis, Laura Willis & Roberta Yarbrough PRINGLE, Oklahoma City; ROBIN L. ROCHELLE, Lawton; KARA I. SMITH, Oklahoma City; MICHAEL R. VANDERBURG, Ponca City; Oklahoma Bar Association 405-416-7000 RICHARD D. WHITE JR., Tulsa; APRIL J. MOANING, Chairperson, Toll Free 800-522-8065 OBA Young Lawyers Division, Oklahoma City FAX 405-416-7001 Continuing Legal Education 405-416-7029 The Oklahoma Bar Journal (ISSN 0030-1655) is published monthly, Ethics Counsel 405-416-7055 except June and July, by the Oklahoma Bar Association, 1901 N. Lincoln General Counsel 405-416-7007 Boulevard, Oklahoma City, Oklahoma 73105. Periodicals postage Lawyers Helping Lawyers 800-364-7886 paid at Oklahoma City, Okla. and at additional mailing offices. Mgmt. Assistance Program 405-416-7008 Mandatory CLE 405-416-7009 Subscriptions $60 per year. Law students registered with the OBA and Board of Bar Examiners 405-416-7075 senior members may subscribe for $30; all active members included in Oklahoma Bar Foundation 405-416-7070 dues. Single copies: $3 Postmaster Send address changes to the Oklahoma Bar Association, www.okbar.org P.O. Box 53036, Oklahoma City, OK 73152-3036. THE OKLAHOMA BAR JOURNAL MARCH 2021 | 5 MARIJUANA AND THE LAW Does the Federal Criminal Code Allow Landlords to Evict Residential Tenants for Possession of Marijuana? A Look into HUD Regulations and Federal Preemption By Orion A. Strand OLLOWING THE ENACTMENT OF MEDICINAL CANNABIS and marijuana decrim- Finalization laws across the country, one question residential landlords have repeatedly asked is: Can I evict my tenant for using or possessing medicinal cannabis on the basis that such activity remains a violation of federal criminal law? The answer to this question is relatively simple in states with no protections for marijuana use because such use would invariably violate the state’s criminal drug code. However, where states have afforded pro- tections for medical marijuana users, the answer is a bit more nuanced. Prior to the passage of the clear that any kind of drug-related may further “prohibit … the con- Oklahoma Medical Marijuana and criminal activity should qualify. sumption of medical marijuana Patient Protection Act (OMMPPA), Following the legalization of medic- or medical marijuana product simple possession of any kind of inal cannabis in Oklahoma, land- by smoke or vaporization on the marijuana product on leased prop- lords have questioned whether premises, within the structures erty would constitute grounds they can continue to evict tenants of premises or within ten (10) feet for eviction under the Oklahoma on the same basis. of the entryway to the premises.”3 Landlord Tenant Act as a violation The OMMPPA actually con- Landlords thus face very few of the tenant’s duty to “not engage tains very few protections for barriers in heavily restricting the in any drug-related criminal activ- medical marijuana license holders growing, smoking and vaporizing ity on or near the premises.”1 This facing adverse residential leasing of marijuana by tenants on res- basis for filing a forcible
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