Because adult-use marijuana is legal in New York, there are many questions about when and where you can legally use it. Just because cannabis has been legalized doesn’t mean it’s “free for all”. There are still many rules regarding weed consumption. If you are a renter, you may be wondering what your landlord can do if they find you using marijuana on their property (your house). Here’s what New York State law says about it.
Medical Marijuana
New York State passed a law in 2020 that says a landlord cannot evict a tenant for using medical marijuana in a rental property. The law says that a,
The tenant shall not be removed from possession of a residential unit under this section due to the certified medical use of medical marihuana by that person. »
Moving on to the medical use of marijuana, let’s look at the law when it comes to recreational use.
Marijuana use in England
Smoking cannabis in New York State is guided by the Clean Indoor Air Act,
Smoking and vaping are prohibited by law in almost all public and private indoor workplaces, including restaurants and bars, to protect workers and the public from exposure to harmful second-hand tobacco smoke and aerosols of vaping.
If your building has a common area, but there is an employee on-site, such as a property manager or leasing agent, maintenance worker, or other type of employee, you will not be allowed to smoke . If tobacco smoking is prohibited anywhere in your building or on your rental property, you will not be permitted to smoke weed,
Cannabis smoking is prohibited wherever tobacco smoking is prohibited.
However, according to Spectrum, if smoking tobacco is permitted on the property, smoking cannabis must also be permitted,
Landlords who permit smoking on the premises must also permit the consumption of cannabis.
Couple Smoking Hash
In addition to common areas, a landlord may regulate your ability to consume cannabis at any of their properties,
A landlord cannot refuse to rent to a tenant who uses cannabis, but landlords, landlords, and rental companies can still prohibit the use of cannabis on their premises.
So your landlord or even a hotel or Airbnb can stop you from using cannabis, even if recreational use is legal in the state.
While growing cannabis at home will eventually be legal (a year and a half after the first retail sales), your landlord may also ban you from growing pot.
Be aware that landlords, landlords and rental companies can always prohibit the use of cannabis on their premises.
Ultimately, your landlord has the right to prohibit your recreational use of marijuana. According Nolo.com,
Even where there is no applicable smoke-free law, landlords can limit or prohibit smoking anywhere in rental premises, including individual units. Aside from the health concerns of second-hand smoke, homeowners often prohibit smoking in an effort to limit the risk of fires on the property, reduce fire insurance premiums, and prevent stains and odors. .
The moral of the story is that if you plan to use marijuana in your rental home, smoking may not be the best option unless you have written consent from your landlord. You may be better off consuming edible cannabis products that are not easily detected. If there’s a clause in your lease that prohibits smoking or using marijuana, you could potentially be evicted, even though it’s legal in New York State.
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