Cannabis Use and Multifamily Housing
The smoking or vaporization of cannabis in a multifamily housing setting is complex. Multiple state and federal laws, along with private contracts, intersect to create ambiguity as to what is allowed.
The office recommends utilizing this resource page, state law, and consulting legal counsel to assess any impact to your specific situation.
Minnesota Statutes, section 342.09, authorizes an individual 21 years of age or older to use adult-use cannabis flower and adult-use cannabis products in the following locations:
- In a private residence, including the individual's curtilage or yard
- On private property, not generally accessible by the public, unless the individual is explicitly prohibited from consuming cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products on the property by the owner of the property
- On the premises of an establishment or event licensed to permit on-site consumption
Minnesota Statutes, section 342.56, subdivision 1(b), prohibits the vaporizing or smoking of cannabis flower, cannabis products, artificially derived cannabinoids, or hemp-derived consumer products in a multifamily housing building (including on balconies and patios). The law exempts the use of medical cannabis flower or medical cannabinoid products from this prohibition. The office is authorized to impose a civil administrative fine of $250 for violations of this law.
Submit complaints about use of cannabis for non-medical purposes in multifamily housing buildings using OCM's Enforcement Complaint Reporting Form.
Federal housing assistance
The U.S. Department of Housing and Urban Development (HUD) is a federal agency that assists people to acquire and maintain safe and sanitary housing. Here is a link to the HUD Complaint Line where issues can be directed to Housing and Urban Development at the federal level.
Please note that according to the U.S. Department of Housing and Urban Development (HUD) cannabis cannot be used in federally subsidized housing. Due to the federal prohibition of cannabis, HUD does not have the discretion to admit or retain users of cannabis, including medical cannabis, to the public housing program. For more information, review the 2011 and 2014 memos from HUD: "Medical Use of Marijuana and Reasonable Accommodation in Federal Public and Assisted Housing" and "Use of Marijuana in Multifamily Assisted Properties."
Statewide housing assistance
The nuisance provision in Minnesota Statutes, section 342.82, allows “a person who is injuriously affected or whose personal enjoyment is lessened by a nuisance” to file a lawsuit. That person may petition a court to order that the behavior causing the nuisance must stop, and the greater of the person’s actual damages or a civil penalty of $250. The person may bring a lawsuit against a landlord or association who fails to enforce the terms of a lease, other governing document, or policies related to cannabis flower use. A person with a lawsuit against a landlord or association can also seek a court order for the behavior to stop, as well as the greater of person’s actual damages or a civil penalty of $500.
Live Smoke Free, a program by the Association for Nonsmokers – Minnesota (ANSR), provides smoke-free housing support throughout the state. Live Smoke Free may be able to assist with the situation in the following ways:
- Provide smoke-free housing support and resources to the renter.
- Assist the property owner/manager with smoke-free policy adoption, implementation and enforcement.
- Provide information/materials about free commercial tobacco cessation support.
- Assist owner with strategies to reduce secondhand smoke exposure in multi-unit housing in the community.
HOMEline is an organization that provides free and low-cost legal and advocacy services for tenants in Minnesota to assist them with solving their own rental housing problems.
The Minnesota Attorney General’s Office (AGO) accepts complaints from constituents on a large variety of matters. The AGO’s Tenant Report Form is for tenants in Minnesota who want to report concerns regarding their landlord.