Some call it the “devil’s lettuce,” while others swear by its many benefits; the reality is that as of 2024, a total of 38 states have legalized cannabis for medicinal purposes, and 24 states (and Washington, D.C). legalized its recreational use, reflecting a significant shift in public policy.
Whether you are a user or not, it presents a delicate situation for community associations to handle challenges in creating and enforcing policies.
Balancing the rights of cannabis users with the concerns of other residents (the smell of weed tends to be the most common reason for complaints) is crucial for property managers who want to foster an inclusive and respectful environment.
Legal and Regulatory Considerations
Federally, cannabis remains a controlled substance, which complicates matters for properties with federal mortgages or subsidies: federal law’s supremacy means that, technically, cannabis consumption is illegal on these properties, despite state laws that may permit its medicinal or recreational use.
In states like California, the Unruh Civil Rights Act protects individuals from discrimination based on medical conditions, including the use of medical marijuana. However, HOAs must still comply with federal regulations, which can create a legal tightrope. Consult legal experts to ensure their policies are compliant and enforceable.
Differentiating Between Medicinal and Recreational Use
When it comes to cannabis use, medicinal users have more legal protections compared to recreational users. In California, discrimination against residents based on medical marijuana usage is prohibited by law. Property managers can consider reasonable accommodations for medicinal use, such as allowing non-smoking forms of cannabis when documented by a healthcare provider.
On the other hand, recreational cannabis use generally has less legal protection. Property managers and HOAs have more discretion to restrict or ban recreational cannabis use, especially in states where it remains illegal. Even in states where recreational use is legal, community associations can include specific prohibitions as long as they comply with state laws.
Property managers can implement policies that:
- Prohibit Smoking: One effective strategy is to ban all forms of smoking (including tobacco and cannabis) in indoor and common areas. This policy can help maintain air quality and reduce maintenance costs related to smoke damage.
- Designate Smoking Areas: Creating designated outdoor smoking areas can accommodate cannabis users while keeping common indoor spaces smoke-free.
- Enhance Ventilation: Improving ventilation systems in buildings can help manage odors and improve air quality for all residents.
Crafting clear, comprehensive policies is just the first step. Effective communication and enforcement are equally critical. Property managers must:
- Educate Residents: Host informational meetings or send detailed notices explaining the cannabis policies and their rationale. Use a digital platform like ONR to notify and communicate with residents or host a virtual election to make communal decisions.
- Review Policies: Ensure that all agreements explicitly outline the cannabis policies, including potential consequences for violations.
- Regular Inspections: Conduct regular property inspections to ensure compliance with the established policies. This is crucial for early identification and resolution of potential issues.
To address the balance between cannabis users’ rights and the concerns of community associations, property managers and HOAs should stay informed about the evolving legal landscape, consult legal experts, and implement clear, fair policies.
Integrating Industry Practices
Regulation and Enforcement
HOAs must enforce smoking restrictions, including cannabis, equitably across all forms of smoke and vapor. Effective enforcement involves investigating smoke transmission, drafting specific rules, and possibly prohibiting smoking in common areas and individual units. Nuisance provisions can address smoke and related issues, like grow houses. Associations should consider non-smoking cannabis delivery methods for medical users if smoke transmission issues persist.
Policy Development
Clear, specific policies within CC&Rs or operating rules help manage marijuana-related issues effectively. Addressing smoke transmission issues and considering alternative cannabis consumption methods can prevent conflicts. Legal advice is recommended for handling disputes and ensuring state and local laws compliance.
Community Engagement
Educating residents about the rules and their importance fosters compliance and reduces conflicts. Host informational meetings or send detailed notices explaining the cannabis policies to the community association. Use digital platforms like ONR for effective communication and policy implementation.
Finding the right balance in cannabis policies for property management is tricky. As marijuana becomes legal, we must respect residents’ rights while also taking into consideration the comfort of the entire community. The key is having clear rules, open communication, and staying up-to-date on the law. This way, you can protect both pot smokers’ rights and the concerns of other residents. By following these steps, property managers can build communities that respect individual choices and focus on everyone’s well-being.