The restriction, which went into effect this summer, does not apply to approved medical use.
Minnesota’s ban on smoking and vaping cannabis in multifamily properties was initially to become effective in March 2025. However, the new law moved up the effective dates to establish the full powers of the newly formed Office of Cannabis Management by July 1. Cigarette smoking is still permitted in private units in the state.
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 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.
According to the Centers for Disease Control, while 12 states, including Minnesota, have laws prohibiting smoking in the public areas of private housing communities, no states ban smoking in private units.
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.