Can a landlord ask me to stop smoking medical marijuana?
Question & AnswerCan a landlord ask me to stop smoking medical marijuana?
1. Explain you have a medical reason to use marijuana
If your landlord asks you to stop vaping or smoking medical marijuana in your unit, explain that the marijuana is for a medical reason.
Your landlord can ask for more information about your condition. You don’t have to share your personal health information with them. But you have to give them enough information so they can understand why you need to use medical marijuana.
The law doesn’t say you must show your landlord your medical document, but it can be useful to do this. It may help your landlord understand your situation.
Once your landlord knows that you use marijuana for medical reasons, your landlord must allow you to vape or smoke the marijuana inside your unit. Even if your landlord doesn’t allow other residents to smoke or vape in their units, they must let you smoke or vape because in your case it’s for a medical reason.
If your landlord refuses
Your landlord can only refuse to let you smoke or vape medical marijuana if letting you do that would cause the landlord undue hardship .
Undue hardship is a legal that means that the landlord cannot afford to let you smoke or vape in your unit or that the smoking or vaping in your room would cause a significant safety issue.
It’s very difficult for a landlord to prove due to you smoking or vaping in your unit. In most cases, allowing you to vape or smoke marijuana in your own unit would not be enough to cause the landlord undue hardship.