Legal Question in Landlord & Tenant Law in Massachusetts

If an apartment complex in Massachusetts is non-smoking and a tenant smokes marijuana in that apartment and on the balcony of that apartment (and provides management with a certificate to smoke medicinal marijuana), is there anything the management or owner can do to prevent this?

Asked on 1/17/15, 7:05 am

1 Answer from Attorneys

This is an interesting question and one to my knowledge has not been decided by the MA courts. Without doing the research to see what courts in other jurisdictions have held, my best guess is that the landlord can require that the Tenant not smoke on his porch and that he or she must take steps to make sure that the smell of smoking marijuana does not flow into common areas. However, there are other methods of consuming marijuana's medical benefits other than smoking it, including taking extracts or eating food containing marijuana. A Landlord could also challenge the medical necessity.

If you are a landlord I would contact an attorney for assistance in crafting rules and regulations governing the use of medical marijuana.

Please feel free to contact me if you have more questions.

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Answered on 1/17/15, 11:04 am

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