A Creative Take: What are the current cannabis smoking policies in Minnesota for condos and apartments?

Carp from Carpfish Creative tries to break it down as there are a lot of questions over polices being dropped into people's laps as the legal rollout starts.

As of July 1, 2024, Minnesota state law prohibits the smoking and vaping of cannabis flower, cannabis products, artificially derived cannabinoids, or hemp-derived consumer products in multifamily housing buildings, including private units and appurtenant balconies and patios[1][2][3]. This ban applies to apartments, condominiums, cooperatives, and groups of townhouses with four or more units[3][4][5]. A violation is punishable by a civil administrative fine of $250[1][2][4]. 

This prohibition was initially scheduled to take effect on March 1, 2025, but the effective date was moved up to July 1, 2024, as part of legislative changes[6][1][2]. 

Key Points: 

• Medical Exception: Registered medical cannabis patients are exempt from this ban and may smoke or vape medical cannabis flower or medical cannabinoid products in their units[6][1][2][4]. 

• Federal Housing: The medical exception does not apply to federally funded housing (like Section 8), where all marijuana use and possession remain illegal under federal law[2]. 

• Common Areas: Smoking and vaping cannabis are prohibited in indoor common areas of rental apartment buildings (with three or more units) under the Minnesota Clean Indoor Air Act (MCIAA)[7][3]. However, common areas of condominiums, townhomes, and cooperatives with homeowner associations (HOAs) are not covered by the MCIAA unless the association adopts its own smoke-free policy[3]. 

• Other Consumption: The state law specifically bans consumption via smoking or vaping. Property managers or landlords cannot ban the mere possession or other forms of cannabis use in rental units unless specified in the lease agreement or property rules[7][3]. Property owners retain the right to prohibit cannabis use more broadly on their property[7][3]. 

• Nuisance: Minnesota's cannabis law includes a nuisance provision, meaning cannabis use that interferes with another person's enjoyment of life or property could potentially lead to legal action, though details on enforcement are still evolving[7]. 

• Tobacco: Cigarette smoking is still permitted in private multifamily units in Minnesota unless prohibited by the property owner or lease agreement[2]. 

Landlords and homeowner associations are expected to enforce these rules, though enforcement challenges may arise regarding the medical cannabis exception[2][4][5]. 

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1. https://hjlawfirm.com/important-announcement-regarding-effective-date-of-prohibition-of-cannabis-use-in-residential-multifamily-buildings/     

2. https://www.multifamilydive.com/news/minnesota-bans-pot-smoking-vaping-in-multifamily-properties/726764/        

3. https://mnsmokefreehousing.org/cannabis/       

4. https://www.fox9.com/news/minnesota-bans-marijuana-smoking-apartments     

5. https://hjlawfirm.com/what-homeowners-associations-need-to-know-about-decriminalization-of-cannabis-in-minnesota-part-iii-prohibitions-on-use-of-cannabis-in-multi-family-buildings/   

6. https://www.minneapolis.org/community-info-and-policies/cannabis/   

7. https://mnsmokefreehousing.org/cannabis-legalization-and-smoke-free-housing-in-minnesota/