Dive Brief:
- Due to a law that went into effect this summer, multifamily residents in Minnesota are no longer permitted to smoke or vape marijuana in their units or on their patios or balconies, unless the resident is a registered medical cannabis user. Any cannabis smoker who violates the ban is subject to a civil administrative fine of up to $250.
- The ban on marijuana in private apartment units is the first of its kind in any state, according to the office of Sen. Ron Latz, who pushed for the law.
- The new law, Minnesota HF 4797, was approved by Gov. Tim Walz in May and went into effect July 1. It modifies Minnesota’s initial marijuana possession and use bill, approved in May 2023, that provided a framework for regulation in the state, including approval of cannabis products for sale and use.
Dive Insight:
Cigarette smoking is still permitted in private units in Minnesota. The state’s Clean Indoor Air Act already prohibits smoking of any kind in apartment lobbies and other common areas.
The state’s ban on smoking and vaping cannabis in multifamily properties originally was not to be effective until March 2025. However, the new law moved up the effective dates in order to establish the full powers of the newly formed Office of Cannabis Management by July 1, according to MinnPost.
The exception on smoking for medical marijuana leaves housing providers caught in the middle between those with prescriptions and residents who object to marijuana smoke, according to Cecil Smith, president and CEO of the Minnesota Multi Housing Association.
“Many multifamily properties became smoke-free years ago and that is now the resident expectation,” Smith told Smart Cities Dive’s sister publication Multifamily Dive. “It is unclear how this conflict [will be] resolved.”
Federally funded housing is not covered under the medicinal marijuana exemption, because marijuana use and possession is illegal under federal law, according to HUD. Residents of federal housing, such as through Section 8 or other programs, cannot legally use or possess recreational or medical marijuana in any form, regardless of state law. HUD also banned smoking tobacco in all public housing properties in 2016.
While 12 states, including Minnesota, have laws prohibiting smoking of any kind in the public areas of private housing communities, there are no states that altogether ban smoking in private units, according to the Centers for Disease Control.
Eighty-five municipalities have enacted bans on smoking in multifamily units, all of them in California, according to a list compiled by the American Nonsmokers’ Rights Foundation. Carlsbad, California, is the latest jurisdiction to ban smoking tobacco or marijuana in apartment properties with a law announced Aug. 28.
