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New Mexico Landlord Evicts Paralyzed Tenant for Growing Medical Marijuana

Written by Jamie Simpson, LawServer Attorney-Editor   
Last Updated October 25, 2008

Arizona-based Kay-Kay Realty has evicted Bobbie Wooten, a wheelchair-bound victim of severe spasms, upon discovering two medical marijuana plants growing in her bathroom after a random property inspection, writes the Silver City Sun-News. The Silver Cliff apartment resident received a three-day notice after the plants, which she is legally entitled to under state laws, were discovered. The New Mexico Department of Health issues licenses to patients to allow possession of up to four plants, 12 seedlings, and six ounces of the drug, but residences are not required to disclose their participation in the program to landlords. The American Civil Liberties Union is gaining interest in the case, as the landlord's policy conflicts with state policy on the matter.

No formal charges or complaints have been filed thus far.

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