Cannabis Use and Multifamily Housing

Minnesota Statutes, section 342.56, subdivision 1(b), authorizes the Office of Cannabis Management (OCM) to regulate the use of cannabis for non-medical purposes in multifamily housing buildings by imposing civil administrative fines of $250.

Please be aware that medical cannabis use within private residences and multifamily housing buildings including flower and vape consumption is protected by Minnesota Statutes, chapter 342.

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.