# Smoking Medical MJ in a Non-Smoking Apartment

**URL:** <https://boards.straightdope.com/t/smoking-medical-mj-in-a-non-smoking-apartment/642986>\
**Category:** In My Humble Opinion\
**Created:** [December 4, 2012, 7:30pm UTC](https://boards.straightdope.com/t/smoking-medical-mj-in-a-non-smoking-apartment/642986 "2012-12-04T19:30:29Z")\
**Posts on this page:** 4\
**Page:** 1

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**Author:** ![Yorikke](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/yorikke/32/4335_2.png) [@Yorikke](https://boards.straightdope.com/u/Yorikke)\
**Post date:** [December 4, 2012, 7:30pm UTC](https://boards.straightdope.com/t/smoking-medical-mj-in-a-non-smoking-apartment/642986/1 "2012-12-04T19:30:29Z")

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In live in CA and have a medical marijuana prescription. I want to move into an apartment that states “No Smoking” on the application. **This question applies ONLY to prescribed or doctor-recommended medical marijuana**

1. Can a potential landlord legally ask if I smoke medical marijuana?

2. Can a potential landlord legally explicitly exclude MM users from rental consideration?

3. After I become a tenant, am I legally allowed to smoke MM in the apartment?

4. After I become a tenant, can the landlord legally evict me for smoking MM?

My theory is that, since it is a medical issue, a landlord cannot discriminate. Wrong?

Edit - I suppose I could use a vaporizer. Not actually smoking anything that way…

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**Author:** ![chacoguy](https://avatars.discourse-cdn.com/v4/letter/c/50afbb/32.png) [@chacoguy](https://boards.straightdope.com/u/chacoguy)\
**Post date:** [December 4, 2012, 7:56pm UTC](https://boards.straightdope.com/t/smoking-medical-mj-in-a-non-smoking-apartment/642986/2 "2012-12-04T19:56:50Z")

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Just get something edible.

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**Author:** ![Rhythmdvl](https://avatars.discourse-cdn.com/v4/letter/r/85f322/32.png) [@Rhythmdvl](https://boards.straightdope.com/u/Rhythmdvl)\
**Post date:** [December 4, 2012, 8:13pm UTC](https://boards.straightdope.com/t/smoking-medical-mj-in-a-non-smoking-apartment/642986/3 "2012-12-04T20:13:44Z")

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> [@chacoguy](#):
>
> Just get something edible.

Too many years since law school, but the existence and substitution of edible and vapes suggests that the LL can make a reasonable accommodation to the ‘prescription’ yet still ban smoking. Smoking can be considered a fire hazard and, theoretically, can harm the LL’s property (smoke damage), so there would be something of a balance between the ADA (if it applies, and which, given the Fed’s current prohibition, would add another wrinkle to the Bar Exam essay) and the LL’s right to maintain and keep his property. Cali ADA (or similar) law may differ.

This is premised on the idea that there is a landlord/tenant law that prohibits discrimination based on medical prescriptions. Is there?

And vapes are the way to go. Too hard to control consumption/timing with eating, and why piss off your landlord just because you can? If it’s an actual prescription and not just an excuse, that is.

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**Author:** ![Yorikke](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/yorikke/32/4335_2.png) [@Yorikke](https://boards.straightdope.com/u/Yorikke)\
**Post date:** [December 4, 2012, 9:21pm UTC](https://boards.straightdope.com/t/smoking-medical-mj-in-a-non-smoking-apartment/642986/4 "2012-12-04T21:21:22Z")

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> [@Rhythmdvl](#):
>
> Too many years since law school, but the existence and substitution of edible and vapes suggests that the LL can make a reasonable accommodation to the ‘prescription’ yet still ban smoking. Smoking can be considered a fire hazard and, theoretically, can harm the LL’s property (smoke damage), so there would be something of a balance between the ADA (if it applies, and which, given the Fed’s current prohibition, would add another wrinkle to the Bar Exam essay) and the LL’s right to maintain and keep his property. Cali ADA (or similar) law may differ.
> 
> This is premised on the idea that there is a landlord/tenant law that prohibits discrimination based on medical prescriptions. Is there?
> 
> And vapes are the way to go. Too hard to control consumption/timing with eating, and why piss off your landlord just because you can? If it’s an actual prescription and not just an excuse, that is.

Yeah, I had composed the entire OP before considering that even now, I sometimes use a vape, and that made my OP fucking pointless. But I just couldn’t delete it, y’know?