Notice to Quit based on the Smell of Smoking?

[Brian Mitchell]

Hello BP,

I have a tenant that swears she’s not smoking Pot in her unit. But, the last two times I’ve been in she’s said it’s a bag of marijuana I smell coupled with a few other marijuana non-smoking products. Maine is a marijuana-friendly State. Besides, she says she has a medical card for it.

My worry isn’t that she uses it. Just that she uses it inside. The Lease specifically says no smoking inside the premise. Can I give her a 7 Day Notice to Quit simply because I feel she’s violating the indoor smoking policy based on smell alone? It’s strong and obvious.

Also, anyone experienced in laws around marijuana in marijuana-friendly states, I have a question. Future leases of mine will likely have a “no smoking on premise” Policy. So, no smoking indoors, or out. You can do this in Maine, I am not sure if other States. For those who have a medical marijuana card (easy to get, I’ve heard) do they have protection, would the law exempt them from a landlords no smoking rule? Anywhere on premise... indoors, or out.

Thanks!