Tenant with medical marijuana card. What are my options?

Question

I've got a long term tenant lined up & the unit is a non smoking unit, which the applicant is aware & fine with for indoor. He disclosed that he has a medical marijuana card but would only smoke outside.
Some of the neighboring tenants are older & I know they're going to have an issue if this guy is out back smoking marijuana. I could care less if someone smokes marijuana but worried it might impact other tenants & future renters.

What are my options, if any? Can you deny someone's application based on this despite it being a medical marijuana card & not technically breaking the rules of smoking indoors? If you've been in similar situation, have you found it brings an issue down the road with future tenants or current?

Thanks in advance.

Jonathan Greene · Answer

Yeah, older tenants may think that it automatically makes someone a criminal of something, but I would just explain the card and that it at least, in theory, has a medical purpose, unlike cigarette smoke which kills the smokers and everyone else around.

Jonathan Greene · Answer

Smokers aren't a protected class, but they could argue that whatever the underlying "medical" issue for the card could be part of one. It seems like the tenant is being respectful, following the rules, and is not being a problem so I think that is what you would tell any other tenants who ask, as long as you have seen the card. If you got a report that someone was smoking cigarettes or cigars outside only, per the rules, would you post the same question?

Josh Ball · Answer

Thanks for the advice. Certainly will be sure to ask to see the card before signing an official agreement.

Wouldn't be asking about cigarettes or cigars. I don't see it as an issue but many still do, at least in my small town where the majority of renters are elderly people looking for low maintenance housing options. That is where the concern would be for me.

Tenant with medical marijuana card. What are my options?

3 Replies