CANNABIS LEGALIZATION AND SMOKE-FREE HOUSING IN MINNESOTA

Can cannabis be smoked in a private residence starting August 1, 2023?

Owned single family homes

The new law states that single-family homeowners can smoke or vape cannabis in their homes, yard, and curtilage (yard/land/buildings associated with a home) starting August 1, 2023. However, an individual cannot smoke or vape cannabis in any place where a minor may inhale the smoke or aerosol, including a private home.

Private multi-unit housing rentals 

The MN law is more complex for multi-unit housing (MUH) settings. Under the Minnesota Clean Indoor Air Act (MCIAA), smoking is currently prohibited in indoor common areas of rental apartment buildings (interpreted as buildings with three or more rental living units).

Starting August 1, 2023, MUH managers or landlords cannot ban the possession or use of cannabis or hemp-derived products in rental units except for “consumption by combustion or vaporization of the product and inhalation of smoke, aerosol or vapor from the product.” However, the law states in another section that adult use is not permitted where owners of private property have prohibited use including the whole range of methods of consumption. Additionally, starting March 1, 2025, the new law will ban the smoking and vaping of cannabis in “a multifamily housing building,” except for use of medical cannabis flower or medical cannabinoid products. So, until March 1, 2025, apartment landlords and managers can choose to either A) allow the smoking or vaping of cannabis inside the building (including individual units) or B) prohibit smoking and vaping of cannabis inside the building (including individual units).

Again, an individual cannot smoke or vape cannabis in any place where a minor may inhale the smoke or aerosol, including a private home.

At the time of this publication, it is still unclear who will enforce the multifamily housing provision of the cannabis law and how. Live Smoke Free will share more information on this as it becomes available.

Publicly-owned rental housing 

The Department of Housing and Urban Development (HUD) has required public housing to have a commercial tobacco smoke-free policy in place since 2018. Because cannabis is still illegal federally, HUD prohibits the admission of people who use cannabis to HUD-assisted housing, including those who use medical cannabis. Find more information on this here.

Sober homes

The new state law allows sober homes to ban possession and use in sober housing.

Common interest communities (e.g. condos, townhomes, and cooperatives)

CICs are not covered under the MN Clean Indoor Air Act, but a CIC’s homeowners’ association (HOA) can adopt rules and bylaws with smoke-free protections in both common areas and private living spaces. Live Smoke Free has information here for CICs interested in adopting smoke-free policies.

Starting March 1, 2025, individuals may not be able to legally smoke or vape cannabis in multi-unit CICs. The term “multifamily housing building” is not defined in the new cannabis law, so it is unclear whether a CIC counts as a “multifamily housing building.” Because most CICs house multiple families in a shared building structure, it would be reasonable for HOAs to assume the smoking/vaping prohibition would apply to them. More clarity on this provision could come out of the 2024 MN Legislative Session or the Office of Cannabis Management’s rulemaking process to clarify the new law over the coming months.

For more information on adopting smoke-free policies for multi-unit housing, visit our Property Managers page or our Common Interest Communities page.

What is the Nuisance Provision in the Cannabis Law?

The cannabis law also recognizes that “any use of adult-use cannabis flower which is injurious to health, indecent or offensive to the senses, or any obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property” is a nuisance.

The nuisance provision in the cannabis law, which went into effect July 1, 2023, allows “a person who is injuriously affected or whose personal enjoyment is lessened by a nuisance” to file a lawsuit. That person may ask a court to order that the behavior causing the nuisance must stop, as well as money damages for the injury caused or a civil penalty of $250. The person may bring a lawsuit against a landlord or HOA who fails to enforce the terms of a lease or other governing document, like CIC by-laws or policies related to cannabis flower use. A lawsuit against a landlord or HOA can also seek a court order for the behavior to stop, as well as money damages or a civil penalty of $500.

This provision broadly defines nuisance and does not specify whether the person bringing a lawsuit must be a tenant or owner of CIC property where the nuisance is taking place. Additionally, it does not specify whether the person causing the nuisance must themselves be a resident of the subject property. Further clarification of this provision could occur in the next legislative session or in the Office of Cannabis Management’s rulemaking process.

How does the new law impact housing under the Minnesota Clean Indoor Air Act?

The new state law prohibits the smoking and vaping of cannabis anywhere that is currently covered by the Minnesota Clean Indoor Air Act (MCIAA). This includes common areas of rental apartment buildings (e.g., hallways, community rooms, lobbies, laundry rooms, etc.).

Common areas of CICs (like condos, townhomes, and cooperatives with HOAs) are not covered under the MCIAA. CICs would need to adopt a smoke-free policy to ensure that the smoking of cannabis and tobacco do not take place in common areas. Find information for CICs interested in adopting a smoke-free policy here.

Additionally, the MCIAA and the new cannabis law allow for private property owners to prohibit smoking and vaping of cannabis throughout the property, including units, outdoor patios or balconies, and other indoor and outdoor common areas of the property.

What steps can MUH property owners or managers take to prevent secondhand cannabis smoke infiltration in multi-unit housing properties?

Properties WITHOUT a current smoke-free policy

Managers and HOAs of buildings that do not have a smoke-free policy should adopt one. Managers and HOAs of buildings with a weak definition of smoking (i.e., the definition doesn’t explicitly include cannabis and/or use of electronic smoking devices/vaping) should update the policy. Find steps and resources to adopt a smoke-free policy here.

Properties WITH a current smoke-free policy

1. Review your smoke-free policy to ensure that the definition of “smoking” includes “natural or synthetic tobacco or plant products intended for inhalation” and explicitly mentions cannabis/marijuana (sample here). Ensure that it covers the use of an electronic smoking device (vaping) of any substance where legal, recreational cannabis is frequently consumed by using an electronic smoking device.
2. Proactively communicate smoke-free policy details with residents. Emphasize that smoking or vaping cannabis/marijuana inside the building or anywhere on the property (depending on the scope of the policy) is a violation of the smoke-free policy. A violation of the policy could result in lease violations, termination, or penalty per the HOA policies.
3. Place signage around the property that clearly states what the smoke-free policy prohibits. Note: Live Smoke Free offers signage and window clings that include cannabis, as well as durable stickers to update existing signage to include e-cigarettes and cannabis. Order these materials here.
4. Residents of multi-unit housing should review their building’s smoke-free policy and express their concerns about secondhand smoke exposure to their property manager or HOA board.
5. Promote policy compliance. A majority of property managers report that a smoke-free policy is largely well followed and self-enforced by residents and staff. Occasionally, a small minority of residents struggle or refuse to comply. LSF offers a compliance and enforcement toolkit here. If you would like to consult on solutions specific to your situation, reach out to info@mnsmokefreehousing.org.