Detecting Marijuana Use in Rental Units

Property Management

Marijuana laws in the United States have permitted the use of cannabis for medicinal and recreational use when at home in certain states. Most of the time, it's illegal to smoke marijuana in public, and it may be illegal in private quarters. It all depends on the state and regulations of your area. However, if you suspect that someone in your rental unit is smoking marijuana, there are ways to determine whether they are or not.

To help you with that, we have compiled some ways to help you figure out if a resident is using marijuana in their unit. 

Is Marijuana Allowed in Multi-Unit Dwellings?

Marijuana laws in the U.S. are a complex matter. In some states, marijuana consumption is legal. However, at the federal level, it is illegal. This brings about a conflict between the standards of the federal and state levels. Nevertheless, it is your discretion as a property owner to include a policy of not allowing a resident to use marijuana in their unit. If the contract states that it’s forbidden, the tenant must follow. Otherwise, it’s a lease violation.

Meanwhile, on a federal level, a strict no-smoking policy prohibits all forms of smoking — whether it’s tobacco or marijuana smoking for medical reasons. To be clear, this doesn’t mean people are prohibited from smoking; it’s still their choice. However, the law states that smoking in public areas, including public housing units or multi-dwelling units. Furthermore, the Housing Urban Development (HUD) released a memo that allows property owners to deny admission of tenants if they know they are using an illegal substance (like marijuana) at the time of application. It states that a housing unit’s premises should be enjoyed by other residents without any dangerous interference with their health, safety, or rights to a peaceful environment.