As of August 1, 2023, adult-use cannabis (marijuana) is now legal in Minnesota bringing new challenges to residents, owners, and managers of multi-unit housing. Below are some resources on what the new law says and what steps property owners and managers should take to ensure smokefree policies protect your residents and building from all types of smoke.
- Smoke/aerosol/vapor from cannabis cannot be used where smoking is already prohibited by the MN Clean Indoor Air Act (Minn. Stat. §§ 144.411 to 144.417)
- Currently, smoking/vaping of cannabis is prohibited in common areas of all multi-unit rental housing covered under the MN Clean Indoor Air Act. This includes hallways, community rooms, lobbies, laundry rooms, etc.
- The new law includes stronger restrictions starting March 1, 2025, smoking/vaping of non-medical cannabis will be prohibited in ALL areas of multifamily housing buildings (MN Session Laws 2023 Regular Session Ch. 63 Art. 1 § 57; codified at Minn. Stat. Sec. 342.56 subd. 1 (b)). (Note, the law does not define the term “multifamily housing building” and may include both rental and common interest communities.)
- Property owners and managers can prohibit smoking/vaping of all cannabis AND commercial tobacco! Already have a smokefree policy? Check your definitions, you may already have this covered
- “Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, or any other lighted or heated product containing, made, or derived from nicotine, tobacco, marijuana, or other plant, whether natural or synthetic, that is intended for inhalation. “Smoking” includes carrying or using an activated electronic smoking device. (Model Smoke-Free Lease Addendum)
- Commonly Asked Questions About Marijuana in Smokefree Housing Settings
- Common areas of Common Interest Communities are not covered under the MN Clean Indoor Air Act and would need to adopt a smokefree policy if they want to ensure smoking is prohibited in common areas, as well as within units and outside areas of the property.. (Model Smoke-Free Common Interest Community Policy)
- Whether it is from tobacco or cannabis, smoke is smoke, and can have negative health risks of exposure to secondhand smoke. Secondhand Marijuana Smoke Fact Sheet
