Rental Property Investor · Troy, MI · Member since 2018 · 16 posts · 5 votes
Is it legal to refuse a prospective tenant if they have a medical marajuana card? Nothing against medicinals, but I don’t want to deal with the smell and subsequent cleanup. I also don’t want a lawsuit. I’m in Michigan where it is legal both medically and recreationally.
If you have a clause in your lease that smoking is not allowed, smoking marijuana is still "smoking". When an individual has a medical marijuana card they also have various options of how to take it, other than smoking: edibles, creams, etc.
Remember, you should always confirm all tenant-landlord advice against your local and state laws.
I know it is legal to tell them they can't smoke in you unit and they can't grow in your unit in RI but whether you can refuse them completely probably depends on your state. Check Michigan law on Marijuana
If you have a clause in your lease that smoking is not allowed, smoking marijuana is still "smoking". When an individual has a medical marijuana card they also have various options of how to take it, other than smoking: edibles, creams, etc.
Remember, you should always confirm all tenant-landlord advice against your local and state laws.
@Elizabeth Zielinski Personally, I think you could be on shaky ground if you denied them simply "because they have a medical marijuana card". I'm not even sure how you would know that, but - even if you did - what if their use of medical marijuana was tied to a legitimate medical condition/disability (e.g. cancer, multiple sclerosis, epilepsy, etc)?
Plus, as @Account Closed pointed out, there's other ways of ingesting marijuana besides smoking it.
To me, I think you'd be better off having a strong lease that prohibits the smoking of ANY substance (e.g. cigarettes, marijuana, crack, peace pipes, whatever) in the property and/or the growing of marijuana if you're concerned about that too (since that can also cause damage to a property).
@Account Closed I did think about that, but I feel like there's some legal loophole. I don't have anything against cards, but I don't want a cleanup project. I'll probably reach out to a lawyer and check with them.
@Kyle J.I'm all for using medicinals, and I know many people who have cards for medical conditions. My issue isn't with a card, its for the smoking. Yes, there are other ways of ingesting marijuana, but I would be nervous about taking someone in if there wasn't an iron-clad way to prevent them from smoking.
If you google it there are a bunch of articles on' your governor signing a law regarding marijuana allowing landlords to restrict use. I don't know of any state where you can't restrict smoking. If a tenant brought this up with you, it could be a good sign.
Cultivation is a bigger issue because of the moisture and lights use since it has to be inside here. If they set up a grow room that isn't in the basement that is an issue for me. Another issue I have had with tenants who grow is not wanting workmen present when they aren't home. My tenants are all free to do that but it can't hold up the work so they have to be flexible.
@Colleen F. Thank you!!! What’s tricky is that some cities in Michigan wrote their own rules. So you have to check both state and local law, then figure out which one reigns supreme. Lol. I might as well just get a lawyer.
@Elizabeth Zielinski I don't see how the no smoking rule conflicts with having a medical marijuana card. You think they may smoke in your property, but that doesn't mean they will. Denying someone with a medical condition for something you think they "may do" is not legal.
As property managers in Massachusetts where cannabis is also legal, we understand your concern.
We haven't found smoking in the units to be a problem with a strong lease and clearly outlining expectations multiple times in advance, including in written, posted building rules. If they are strong applicants who were up front about their medical card, they most likely will be okay if there is no other red flags that would trigger a more blatant denial, like a recent eviction. Make it clear in person and in the lease that they cannot smoke or grow inside the unit. The person could have concealed that from you and smoked inside anyways, so at least they started by being honest, which we find to be a good indicator that they should be in the future.
Trust your gut and talk to a lawyer if you still feel unsure. Be careful not to run into a possible discrimination suit if the person may have a disability, which requires the use of medical cannabis.