Iraq vet with PTSD worries medical pot use will get him evicted
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MERCER ISLAND, Wash. -- A Mercer Island man is going public about his medical marijuana use, even though doing so could get him evicted from his apartment.
Iraq veteran Alexander Aversano believes his landlord's management company is going too far by banning all uses of marijuana in his apartment complex.
Aversano's battle is being waged in Mercer Island, but it could be the tip of the iceberg as property owners throughout the state wrestle with the conflicting federal and state marijuana laws.
Aversano, who served as an Army gunner in Iraq, has suffered since returning home from combat.
"I have 50 percent disability from post traumatic stress disorder from my time in Iraq," he said.
He's got all the proper paperwork and disability documents from the VA and a doctor who prescribed medical marijuana for his pain.
Unlike most marijuana users, Aversano doesn't smoke the drug. Instead, he takes it orally, taking a drop of marijuana oil on his tongue.
All was well until recently, when Aversano received a document from his apartment management company, Abode Management. The company wants him to sign an addendum to his lease that says, "Any use or possession of marijuana is prohibited regardless of whether the marijuana is smoked or used in some other manner."
"Which would include what I use, this oil," Aversano said. "If it's found out that I'm using that, they say they have grounds for an eviction, which I find very scary."
Tim Seth is the president of the Washington Landlords Association. His group believes landlords are within their rights to evict a tenant for smoking marijuana, but not for using the drug orally.
"They are allowed to do that with proper doctors certification under state law, and we believe under the federal Americans (with) Disabilities Act as well," Seth said.
The Federal Fair Housing Act also prevents discrimination against people with disabilities.
"We are not going to sign this policy and we'll see what happens," Aversano said.
UPDATE: Abode Management issued a statement three days after our story that says the intent of the new marijuana policy was to have a smoke free environment.
"Abode respects Mr. Aversano's service to our country and we were not made aware of his medical condition or his need to use the oral form of marijuana" says Talvinder Sahota, Operations Director for Abode Management.
The statement further states that none of the residents are obligated to abide by the Smoke Free Policy and sign an addendum until they renew their current lease.
Sahota says the addendum "will be revised to specifically address our intent of a smoke free living environment."
Iraq veteran Alexander Aversano believes his landlord's management company is going too far by banning all uses of marijuana in his apartment complex.
Aversano's battle is being waged in Mercer Island, but it could be the tip of the iceberg as property owners throughout the state wrestle with the conflicting federal and state marijuana laws.
Aversano, who served as an Army gunner in Iraq, has suffered since returning home from combat.
"I have 50 percent disability from post traumatic stress disorder from my time in Iraq," he said.
He's got all the proper paperwork and disability documents from the VA and a doctor who prescribed medical marijuana for his pain.
Unlike most marijuana users, Aversano doesn't smoke the drug. Instead, he takes it orally, taking a drop of marijuana oil on his tongue.
All was well until recently, when Aversano received a document from his apartment management company, Abode Management. The company wants him to sign an addendum to his lease that says, "Any use or possession of marijuana is prohibited regardless of whether the marijuana is smoked or used in some other manner."
"Which would include what I use, this oil," Aversano said. "If it's found out that I'm using that, they say they have grounds for an eviction, which I find very scary."
Tim Seth is the president of the Washington Landlords Association. His group believes landlords are within their rights to evict a tenant for smoking marijuana, but not for using the drug orally.
"They are allowed to do that with proper doctors certification under state law, and we believe under the federal Americans (with) Disabilities Act as well," Seth said.
The Federal Fair Housing Act also prevents discrimination against people with disabilities.
"We are not going to sign this policy and we'll see what happens," Aversano said.
UPDATE: Abode Management issued a statement three days after our story that says the intent of the new marijuana policy was to have a smoke free environment.
"Abode respects Mr. Aversano's service to our country and we were not made aware of his medical condition or his need to use the oral form of marijuana" says Talvinder Sahota, Operations Director for Abode Management.
The statement further states that none of the residents are obligated to abide by the Smoke Free Policy and sign an addendum until they renew their current lease.
Sahota says the addendum "will be revised to specifically address our intent of a smoke free living environment."
If I were him I would have probably just signed it and continues to use my little hash oil drops. It's not as if anyone would ever notice.
People, learn how to read, and watch a video. He is NOT smoking it.
Other than that, some people have a good point, it IS illegal as far as the feds care. Regardless if there is any federal attachment to the property it IS still illegal here, no matter what we voted as a state. Until the feds change their status on the drug we will continue to see more and more problems like one this come up.
There is an old saying in the sales business. "Always tell the truth but don't always be telling it". Think about it.
Many apartments prohibit smoke so I'm not surprised they are prohibiting smoking marijuana as well. They don't want the smells sticking around in the apartment or drifting to other units. I do find it very odd that they are prohibiting it in other forms and I'm not sure that is legal.
I am a vet with PTSD, I also rent. I am at the mercy of my landlord. If my landlord (the owner of the property) says no- well its no. Medical Marijuana does not fall under the disabilities act and until it does- your at the mercy. A landlord can not say no to a LEGITIMATE service dog. So I guess the real solution here is buy your own home. I do support the legalization of marijuana, but as long as you rent your under the owners rules. Owner says no smoking- no smoking- no pets- no pets (unless its a legit service dog) the rules go on and on
Some people are not well educated on this matter as the posts attests. Medical marijuna is legitamite. The people behind having it be considered illegal are the drug companies. As for this individual he is not smoking it and as for being a druggy he may be using a strain with less THC. Severe PTSD is dihabilatating. Flash backs, panic attacks, Body shakes all caused by triggers or stress. Sounds to me like a large landowner that doesn't look at the individual but the issue. and same on you guys who have no respect for our combat vets. Where do you think your freedom of speech comes from
Smoking on private property is and can be prohibited, meaning, smoking of any kind whatsoever. Â Medication prescribed by a doctor cannot be prohibited, but if a doctor prescribes smoking (!), then you have a problem. Â This man won't have a problem.
Time for the feds to get their heads out and change this at the federal level. The majority of the rest of the country would like to follow our path. It's been approved by the majority here much to the dismay of the rest. Too bad. Discrimination is illegal when directed against any other special interested group. Let's fix this. Testing for jobs should be like testing for driving. Anything more is discrimination.
If the property is a HUD-assisted property, it is funded with federal dollars. Marijuana is not legal under federal law, and I believe thta HUD has directed managers of HUD-assisted properties to prohibit marijuana. Why would a property want to put it's federal funding at risk?
Why not move to a different apartment complex,more than likely some rightwing jerk owns the property.Apartments are a dime a dozen also,move to a more accomodating complex. its so easy!
 @David Janssen And, there's always some jerk to get political and snarly. This isn't a political matter, and even after WA legalized marijuana in November, it was publicized that President Obama does not intend to do anything about it at the federal level.
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PTSD is a real disability and should be recognized under the ADA laws. And since this man is not smoking it, the management company needs to get a heart. Geeze, this state drives me nuts. They let criminals go free, but chastise citizens using a legal substance.
@Yadayada @David Janssen It may be a subsidized property that could lose its subsidy if it permits a drug that is illegal at the federal level.
@David Janssen Have you moved from one apartment to another? It's very expensive. I am guessing this disabled vet is on a fixed income and that may make it very tough to afford to move.
No I don't agree that moving would be easy.
 @David Janssen Why is it progressives personal views are fact regardless ? Why is it when you can't make an argument you call people names ?  maybe this is an insurance liability situation.  That just like drunks people that are high do not have all their facilities ? You may say accident prone.  falling down stairs,passing out,.
three  (four?) words: Americans with Disabilities Act.
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the battle was over before it began.
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he has a documented disability; therefore, the landlord must act accordingly.
@lazarus The ADA doesn't cover illegal activities. Marijuana is still illegal at the federal level. Secondly the landlord only has to try to make accommodations, they do not have to support any type of illegal activity.
@lazarus this would not fall under that. the disabilities act is FEDERAL
 @lazarus he has to try and accommodation. that does not mean they have to allow illegal actiity. The ADA is a federal Act, marijuana is illegal under federal law. Gee see any similar word here ? Â
I just about threw up reading this crap and the responses. Skipping past the bogus medical MJ claim, smoking that crap could destroy the carpets ect in an apartment. If the tenant is willing to pay another several thousand dollars in deposit, the fine. If not, take your "disability" to a ghetto apartment where they don't care.
@Common Sense If it's a reasonable accommodation, the landlord cannot collect a deposit for it. It would be like asking for a deposit for the possible damage from a wheelchair.
 @Common Sense Such a nasty, uncaring response. BTW, he isn't smoking it. Still wish KOMO had a thumbs down vote.
@Common Sense such an uneducated response!@
 @maddaroo  @Common well if cigarette smoke can ruin paint,carpet,drapes, so can smoke from marijuana .Â
 @Maynard G Krebbs  @maddaroo he is not smoking it, he is using drops.
Maybe that apartment building should ban alcohol use too. We all know what kinds of things alcohol users do, and how bad they can smell at times.
then that should go for prescription drugs as well, as pot is, now is prescribed as medical. right? soooo landlords should stop freaking. it is state legal , and all renters should have renters insurance regardless.
Two words, Mercer Island.Â
@31F just an attempt at legislating morality...
I would have told that apartment management company to go to hell if they wanted me to sign any addendum so absurd. Stick to the legally binding contract, or you will likely end up in court.
Sounds like discrimination to me. I hope the landlord makes an exception for him.
@virtual anomaly it doesn't fit discrimination at all. The landlord is well with in their rights. I am a landlord and a current soldier. I do not and will not allow illegal substances to be on MY property or used on MY property. Even if it was legal I still wouldn't allow it. I don't allow smoking at all.
@DeadRabitz it is legal!!!
@DeadRabitzÂ
And yet he has VA (a department of the federal government) documentation & prescriptoin to obtain the oil.
 @SgtPepperSpray I dont have a reading comprehension issue.  I understand exactly what he is doing and it is illegal according to the federal government and most other states.  As a landlord I would not tolerate such behavior as it places MY property at risk.
 @Val And that too is still illegal. Â
Isn't it funny how many people that are posting here have reading comprehension issues?
 @DeadRabitz Maybe you need to reread the article. He isn't smoking it. It is an oil, distilled from the plant, the he orally ingests. No smoke, no lighter to light it. Oil.
@maddaroo Tell that one to the federal Governement. BTW, federal laws are over state ones any day.
 @maddaroo  @DeadRabitz Not under federal statutes. the building can be confiscated by federal authorities . Â
I have a rental property that is ruled by a legal document that bars smoking of any kind, prescription or otherwise. Just because  I am the landlord and owner doesn't mean I could change the rules and allow it. I am sure that's not the case here but the new laws could create a sticky (no pun intended) predicament for many. Tenants that do smoke have to do it off-site or find a different place to live.
 @SoTweetieÂ
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Screw you. If you knew how to read, this PTSD vet uses a sublingual application. Since your are a dumb douchecanoe, you need to realize that MMJ IS medication that IS prescribed.
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So this is your stand against someone who defended your freedom; go move to Iraq you ignoramus.
@opoT You're pretty good with your insulting remarks. While others question what's going on here, you in your infinite wisdom have the nerve to be insulted and come back with some of the nastiest remarks I've ever read here. I served my country and defended your right to say it all. I served 2 tours of duty in SE Asia. What about you?
@opoT @SoTweetie It's still illegal and it s not his property. Did you know that the federal government still sees it as an illegal substance and could seize the property from the owner? I didn't think you did. I am a landlord and I am currently a soldier. I wouldn't let him use drugs on MY property ever. Maybe you might do a little reading and learn a few things before you go off on someone.
 @opoT Do you feel better now that you have wasted that energy to call her names? Its her lease on her house, she pays the insurance company to have it cover, not you. She is doing great in life to have a rental and if this is what she wants to do, so be it. No one is force to rent from her in any way.Â
 Thank you @Just my say . And @opoT I have not said anything negative about the veteran in the story nor do I think he should be evicted for using MMJ. What I said was that this type of situation could create conflict for property owners that don't allow smoking for whatever reason.Â
 I don't know of any medications that require you to smoke them (other then MMJ and even then its not strictly required), but if there were, that clause in your lease would be worthless. You cannot evict someone or discriminate based off a disability. If they do decide to evict him, I would suggest he call a lawyer if he has not already. Just because your lease says the tenant cannot have/do something, does not mean that it is iron clad. A no pets apartment is still required to allow a service or companion animal.
@Jalharad not a companion animal, a companion animal does not get the same protections as a service animal.
@Jalharad Really, since when do I have to allow my tenants to use an illegal substance? Secondly, a service animal is not a pet. However the landlord can ask for proof from a physician that the tenant requires such and animal. I.E. you must actually be disabled, you can not just say that you are and have a 200lb Akita. The Service animal must also control tis self and there is only 1 service animal, not a litter of dogs and cats and so forth.
 @Jalharad The stipulation is not a clause in our lease but an entirely separate legal contract that any tenant has to agree with and sign along with the lease agreement. This is a condition of tenancy set forth in probate court, iron clad and enforceable by more than just immediate eviction. Like I said before,the situation above is probably not the same. I fully understand fair housing regulations and said nothing about pets.
Why yes Tyke I am ANGRY.. I am passionate about this because I literally endure it every day. You dont believe me I invite you to come over to my house. Finally someone has said something about this issue. I am happy to say that yes I do suffer from crippling pain from migraines and yes I actually do suffer from PTSD I grew up a military brat. I suffered right along with others who have had to have a parent in the military. I literally feel I did my part for my country I went with out a parent who was gone at sea for months at a time. I endured the PTSD of my father who was abusive verbally and physically with me because he could not cope with home life because he was in the military and felt like a stranger to his family. Yes I am very passionate about this both issues PTSD and MJ smoke. I did not ask to be a military brat or be part of the military and yet I was in it just like everyone else and I suffer silently. I am tired of people who have PTSD giving up and not trying to live and have some sort of quality of life. I force myself to be around people every single day and force myself to function and I do suffer literally every single day. I have no health insurance and this whole MJ thing really hurts me physically. I literally do thank service men who have fought for me but I do not believe life should be handed to them on a silver platter. I am tired of the oh I am a veteran have ought for all of you and now I need the world handed to me because I am disabled. What about the rest of us who suffer? I dont have health insurance he does. It costs me money because I literally suffer daily. Yet I try to work and do work with crippling pain and with PTSD. I cant judge this man and I am not trying to judge him. He wouldnt bother me if he was living in my complex and was my neighbor and ate MJ. I only complain about people who dont give a damn about other people who have to endure just like every one else. Then again I just think humanity is gone in this world and no one truly cares.
@Mary Songbird:Â
I am sorry, but being a military brat & living with your father's PTSD does NOT mean that you also have PTSD. It sounds like you are using that to blkame you problems on. I grew up a Navy Brat. Both my brothers became Marines, my Mom worked for the Navy - I used to joke about being the only civilian in the family. My older brother retired a Colonel after over 30 years in the Marines - he did multiple tours in Irag & afghanastan. HE has PTSD. You say you feel you "did your part" for the country. How? By having a Dad in the military? By dating someone in the military? THAT is NOT "doing your part".
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I feel bad that you are being affected so by your neighbors, but PLEASE do not say you have PTSD due to the military when you never actually served in the military at all
 @Mary Songbird What exactly is this veteran expecting handed to him? Nothing in the article indicates he doesn't pay his rent, demands free food from the grocery stores or bills the taxpayers for his MMJ.Â
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This policy was not in place when he signed his original lease and moved in, so he's also not asking for special favors or to displace anyone else from their home, or anything that in any way could negatively impact his neighbors, since he doesn't burn the stuff.Â
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And how will it positively impact what you say is your daily agony to deprive someone else of pain relief? According to your post you know better than most what daily, intractable severe pain does to your quality of life and your mental health.
So why are you so livid and outraged that someone found a way to help his that does not in any way put the community at risk?
 @Mary Songbird Even though your going off in a rant, you sound like a crazy a** in need of serious counseling.
 @Mary Songbird I am sorry for your past and how you feel now, but when you fight for your country and return disabled, that is a grave sacrifice.  It doesn't matter if the military is mandatory or if you had enlisted.  Screwing up your ONLY chance at life because you fought for your country is a serious selfless sacrifice.  What ever handouts can be given, should be given.
 @Mary Songbird Get Help.
@Mary Songbird This guy is not smoking marijuana, if he lived in your apartment, his use wouldn't affect you in the least.
 @Mary Songbird Some people just love to talk about themselves.Â
@Mary Songbird  Please learn how to "reply" to comments instead of spamming the entire thread.Â
To me it sounds like you need some counseling. You obviously had a difficult childhood and I believe 100% that the anger you have towards your father and the way he treated you is why you have such an issue with veterans.