Marijuana in a rental: what a landlord can put in the lease
In most places a landlord can ban smoking of any kind, including marijuana, in a rental by putting it in the lease. Marijuana is still illegal under federal law, and the Fair Housing Act does not protect current illegal drug use. State and local laws vary a great deal, though, so the lease should be specific, written the same for every tenant, and checked against your state.
What federal law says
Under the federal Controlled Substances Act marijuana remains a controlled substance, even in states that allow medical or adult use. The Fair Housing Act defines a person with a disability so that it does not include someone who is currently using an illegal controlled substance (42 U.S.C. 3602(h)). In practice that means a tenant cannot use fair housing law alone to demand that you allow marijuana in your rental.
That is not the same as saying you must ban it. Federal law is a floor for protection, not a rule requiring you to prohibit anything. What you decide is a lease and risk decision.
Why state and local law matters
States have very different cannabis laws. Some allow adult use and set rules for smoking in multi-unit housing. Some protect medical patients in certain ways, and some address growing plants at home. A city may also limit smoking in shared buildings. The result is that a clause that is fine in one state can be unenforceable or even prohibited in another.
Because the rules move, do not rely on a template alone. Read your state's landlord and tenant law and your local ordinances, or ask a local attorney how they apply to leases. Our guide on how far to trust an AI on landlord-tenant law explains why checking the statute yourself matters.
Smoking, vaping, edibles and growing are different things
Many disputes start because the lease says one thing and the landlord means another. Name the behavior you are limiting.
- Smoking: smoke drifts between units and soaks into carpet and walls. A ban on all smoking in the unit and on the property treats tobacco and marijuana the same.
- Vaping: write whether vapor is included.
- Edibles and oils: these create no smoke, so a smoking ban does not reach them. Decide whether you care.
- Growing plants: this raises humidity, mold, power draw and odor. A lease can limit plants of any kind.
- Sale or commercial activity: most leases already prohibit illegal activity and business use.
Lease wording that is clear
Use a short smoking and vaping addendum, signed by every adult on the lease. A clear one covers the following.
- What is banned: smoking and vaping of any substance, in the unit, on balconies and patios, and in common areas, or in whichever places you choose.
- What follows if it happens: a written warning first, then a notice to cure, with the legal step your state requires.
- Cleaning and damage: smoke and odor damage beyond normal wear can be charged to the deposit, with receipts. See smoke odor and the security deposit.
- A statement that nothing in the clause limits a tenant's legal rights, which keeps it from overreaching where state law gives some protection.
Apply the same rule to every tenant. Enforcing it against one tenant and ignoring another invites a fair housing complaint if the pattern follows a protected class. See fair housing protected classes.
What to do when you smell it or find it
You do not need to diagnose the substance. You need a documented breach of a clear clause. Follow your entry notice rules, note the date and what you saw or smelled, take photos if there is damage, and send a written reminder of the clause. Repeat violations move to a formal notice to cure under your state's process. Keep the tone neutral and factual.
Example a made-up landlord receives two neighbor complaints about smoke on a Saturday. The landlord sends the tenant a dated email quoting the addendum, asks that it stop, and notes that a second complaint will lead to a formal notice. That is a record anyone could follow later.
How DoorKeeping handles it
DoorKeeping keeps leases and addenda as documents on each property, sends lease documents for e-signature, and files your emails to a tenant under the unit. You can ask Claude or ChatGPT to draft a reminder that quotes the clause in the signed lease; you read it and tap to approve before it sends.
DoorKeeping gives no legal advice. It holds the signed clause and the dated reminders, so the file shows what the tenant agreed to and what you did about it.
Sources
Questions
- Can a landlord ban marijuana in a rental?
- In most places a landlord can ban smoking of any substance in the lease, and federal law does not protect current illegal drug use. State and local rules differ, so check yours.
- Is a medical marijuana card a reason I must allow smoking?
- Not under the federal Fair Housing Act, which excludes current illegal drug use. Some states add protections of their own, so read your state's law before you decide.
- Can I charge the deposit for smoke odor?
- You can usually deduct for damage beyond normal wear, with receipts, under your state's deposit rules. Normal wear and tear cannot be charged.