Medical Marijuana in a rental

[Kristen Ray]

Hello Fellow BP members,

I am in a state where medical marijuana is legal. Can a landlord require a fee for smoking the marijuana in the unit if the client has medical documentation (but the owner has never seen the documentation and cannot verify)?

[Marcia Maynard]

We're in a state that has legalized both medical and recreational marijuana.

As a landlord, I'm not required to allow smoking in our units or anywhere on the premises. Tenants may satisfy their medical needs in other ways, with liquids and edibles.

Smokers are not a protected class. Set your terms in your rental agreement/lease. 

Here's our No-Smoking Policy:

NO-SMOKING POLICY.Tenant acknowledges the premises are designated as smoke-free and agrees not to smoke and will not allow their family members or guests to smoke on the premises, either inside the unit or outside on adjoining grounds.Tenant agrees to abide by this no-smoking policy and to notify their guests and invitees of the policy as well.This includes smoking tobacco, marijuana, or any other substance, as well as vaping. If Tenant smokes/vapes or allows others to smoke/vape on the premises, Tenant agrees to pay a penalty fee of fifty dollars ($50) per violation.