Marijuana use in your rental property may be a touchy subject. Tenants may use it for medical reasons or to unwind after a long day. As a landlord, you may not want them smoking it because of the nuisance it can cause.
Read on to discover your rights as a landlord regarding tenants’ marijuana use and study guidelines for establishing consistent rules for your property.
As a landlord, you ultimately have the right to establish rules for your property. This is especially true if certain tenant behaviors like smoking marijuana disrupt other tenants or cause property damage.
If you decide to ban marijuana use in your rental property, you should first familiarize yourself with the applicable federal, state, and local laws on marijuana:
Marijuana is currently illegal under federal law. The federal government classifies it as a Schedule I drug under the Controlled Substances Act. [1]
Federal law defines marijuana as a drug that has a high potential for abuse and has no accepted medicinal uses for treating health conditions.
Landlords and property owners may be able to prohibit marijuana use by citing this federal law. They may experience more success if they rent to tenants under federally assisted housing programs.
Legislation changes constantly, so it’s important to remain current on the most recent modifications. For example, there has been a proposal to transition marijuana from a Schedule I drug to a Schedule III drug.
While the change hasn’t yet been finalized, it may create an additional loosening of federal restrictions.
Federal law takes precedence over state law, so landlords may be able to ban marijuana on this basis. However, the Office of Public Affairs has stated that the federal government will traditionally defer to state and local governments to address this matter. [2]
Explore the state-specific laws below:
| State | Recreational | Medical |
|---|---|---|
| Alabama | No | Yes |
| Alaska | Yes | Yes |
| Arizona | Yes | Yes |
| Arkansas | No | Yes |
| California | Yes | Yes |
| Colorado | Yes | Yes |
| Connecticut | Yes | Yes |
| Delaware | Yes | Yes |
| District of Columbia | Yes | Yes |
| Florida | No | Yes |
| Georgia | No | No |
| Hawaii | No | Yes |
| Idaho | No | No |
| Illinois | Yes | Yes |
| Indiana | No | No |
| Iowa | No | Yes |
| Kansas | No | No |
| Kentucky | No | Yes |
| Louisiana | No | Yes |
| Maine | Yes | Yes |
| Maryland | Yes | Yes |
| Massachusetts | Yes | Yes |
| Michigan | Yes | Yes |
| Minnesota | Yes | Yes |
| Mississippi | No | Yes |
| Missouri | Yes | Yes |
| Montana | Yes | Yes |
| Nebraska | No | No |
| Nevada | Yes | Yes |
| New Hampshire | No | Yes |
| New Jersey | Yes | Yes |
| New Mexico | Yes | Yes |
| New York | Yes | Yes |
| North Carolina | No | No |
| North Dakota | No | Yes |
| Ohio | Yes | Yes |
| Oklahoma | No | Yes |
| Oregon | Yes | Yes |
| Pennsylvania | No | Yes |
| Rhode Island | Yes | Yes |
| South Carolina | No | No |
| South Dakota | No | Yes |
| Tennessee | No | No |
| Texas | No | No |
| Utah | No | Yes |
| Vermont | Yes | Yes |
| Virginia | Yes | Yes |
| Washington | Yes | Yes |
| West Virginia | No | Yes |
| Wisconsin | No | No |
| Wyoming | No | No |
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Cities may have different regulations for cannabis products than their states. For example, even though recreational marijuana is illegal in Georgia, it’s decriminalized in cities like Athens, Macon, Savannah, and Atlanta.
Check your local laws to determine differences from your state’s laws.
Establishing clear property rules can help maintain an enjoyable and safe environment for all tenants. Here are some ways to concisely communicate your rules:
Consider prohibiting all forms of smoking on your premises. This way, you can ban a behavior rather than a substance. Specify that tenants are not allowed to smoke marijuana, nicotine, and tobacco products in any form, including cigarettes, e-cigarettes, blunts, or any device that facilitates smoking.
Specify these restrictions in your original lease agreement to prevent any confusion. Discuss your expectations with tenants so they understand that you won’t allow any exceptions. Apply the same restrictions to all tenants to avoid discrimination claims.
Some tenants use medical marijuana to manage symptoms of chronic illnesses. If you want to avoid discrimination claims, you may consider allowing marijuana in other non-smoking forms, such as edibles. You may also consider letting tenants smoke marijuana (if your state legalizes medical marijuana) in authorized areas on the property.
However, you, as the landlord, reserve the right to decide how tenants can use your property. You may still ban medical marijuana within your lease agreement and use federal law to justify your prohibition.
Complement your lease agreement with a smoke-free lease addendum. Use our template or work with an attorney to ensure your addendum includes concise language that clearly defines a lease violation.
Furthermore, ensure your addendum doesn’t contain discriminatory language that bans the use of a substance because of someone’s disability or illness.
Yes. You can ban the cultivation of marijuana because this practice can result in increased moisture and mold growth, resulting in property damage. It may also present a fire risk because of the processing of THC oil involved in the cultivation process.
Consider State v. Coe (1984) as an example of the damage that marijuana cultivation can cause to a property. [3] Tenant Stanley Coe used his landlord’s rental property to cultivate marijuana. His growing operation caused severe mildew, mold, and dry rot. Coe also made unauthorized alterations to the unit’s ventilation and electrical systems.
This type of hardship can be avoided by banning marijuana cultivation from the get-go.
Explore some of the key reasons to prohibit marijuana use in your rental property:
Even though a tenant may smoke marijuana for medicinal benefits, secondhand smoke can harm neighbors living in proximity. In particular, secondhand smoke can cause issues for children and individuals with allergies or respiratory problems.
Tenants have the right to quiet enjoyment, and allowing marijuana use can disrupt this key principle. Even if a neighboring tenant’s health isn’t impacted by the secondhand smoke, the smell of the smoke can penetrate through the walls and disturb them in their quarters.
Marijuana smoke can leave a lingering odor even after a smoking tenant moves out, requiring the landlord to invest in expensive cleaning services. Furthermore, heavy smoking can stain the carpets, ceilings, and walls, resulting in unsightly property damage. Banning marijuana use can help you keep your property in good condition.
If you have landlord insurance or a rental dwelling policy, it may only provide coverage if no illegal activities occur on your property. Because marijuana is banned at the federal level, some insurance companies may demand landlords to prohibit marijuana to ensure claims get approved.
If tenants leave online reviews stating that your rental units allow marijuana, you may experience a negative effect on your reputation. Prospective tenants may be dissuaded from moving in because they don’t want to live on a property that allows marijuana use.
If you permit marijuana on your property, you may have to improve your marketing efforts and lower your rental rates just to attract new tenants.
Here are some telltale signs that marijuana smoking is occurring on your property:
If you find that a tenant has committed a lease violation by smoking marijuana, you can follow these steps to resolve the issue:
As a landlord, you have control over the activities that occur on your property. Thus, you can ban marijuana use as long as you’re aware of the associated federal and state laws. Treat all tenants equally when enforcing your proposed rules to ensure smooth rental operations and avoid discrimination claims.
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Legal Content Editor
Sara Hostelley is a legal and SEO content editor with a bachelor's degree in English from the University of South Florida. She has ample experience writing informative content pieces within various.
