Tenant Guest with Medical Marijuana Card

[Matt Michaels]

Hello Bigger Pockets community!

Reaching out as I encountered an issue I have never dealt with before and am looking for advice on guidance / next steps.

Background: I have a tenant [signed on a lease] who has a boyfriend [not signed on the lease] who stays over at her apartment at night. The tenant informed me her boyfriend has a medical marijuana card. The house is a top/bottom duplex with the tenant living on the first floor and my girlfriend and I living on the second floor. Written into the signed Lease Agreement is a "Non-Smoking" policy which prohibits smoking inside the residence at any time.

Issue: Recently my girlfriend and I noticed a marijuana smell in the mornings once we get up. It has been varying degrees from our whole apartment smelling [i.e. every room reeks] to more recently being one specific location in our apartment on the second floor, which would be a small pantry closet on the first floor. This closet is not big enough to smoke in so I am assuming the smoking paraphernalia / marijuana is being held in here overnight.

Questions: Is there legal action I can take against the tenant signed to the lease due to her guest not complying with the rules [assuming smoking is happening inside the residence when our whole apartment smelled]? Is there any way to prove this specifically and not just be the "Landlord said this, the Tenant said that" type of situation? What laws should I be aware of since the tenant's boyfriend has a medical marijuana card? Any other information / guidance you can provide would be very helpful [and much appreciated]!

Please note, I think the tenant signed to the lease is actually a really good tenant and the issue does not reside with her, it is her boyfriend who is the problem so trying to understand what the jurisdiction / reach I am able to affect is regarding this situation. Obviously, it is not in my or the tenant's interest to go through the eviction process but my girlfriend is sensitive to the marijuana smell and I don't want my tenant's boyfriend to be conducting activities that is in violation of the lease.