Service Dogs and Medical Marijuana

Condominiums and Homeowners Associations are a form of communal living with rules.  Before the first condo, townhome or single family dwelling is sold pre-construction, the rules are created and exist in a Declaration.  Buyers agree to be bound by those rules.  There are age-restricted communities and pet-restricted communities.  The new trend is smoke-free communities because we, as a population, hate cigarette smoking, so evil. 

Some restrictions are older than others.  The age restriction has cycled through the court system.  The rules are rigid as are equity memberships in amenities, like golf courses. 

Service animals are making their way through the court system.  I have participated in a fair amount of service animal litigation.  I represent a small number of condo and homeowner associations.  I have sued homeowners to get rid of their animals for communities enforcing their restrictions.

In every store imaginable I see dogs, service animals, on leashes, in baby carriages, shopping carts and carriers.  I see airlines enforcing limits on the number of animals allowed on a flight.  I see restaurants banning animals for health reasons.  It takes very little to ask a doctor to write you a prescription for an animal.  You can buy a service animal certificate on the internet.   There are genuine service animals. 

In my opinion, medical marijuana is trending and it will happen.  Medical marijuana benefits some medical conditions.  I am also certain when medical marijuana is legalized it will not be any harder to obtain than it is to get a support animal. 

Land developers are selling the smoke-free environment as an amenity, like a gym or swimming pool.  Mark my words, you read it here first, smoke-free condo or not, wherever you live your neighbors will be smoking medically necessary marijuana, but not tobacco, until they find a condition that helps, like anxiety.