The use of marijuana has become a hot topic in homeowner associations (HOAs). While it’s still illegal under federal law, in Hawaii, it’s only approved for licensed medicinal use. If someone is caught possessing, using, or selling marijuana without a license, they can incur stiff penalties, including jail time. However, with many states legalizing marijuana, HOAs are now dealing with new challenges. Even with medical marijuana, HOAs are questioning if they can regulate its use.

Reasons for Regulation
There are several reasons why an HOA might want to limit marijuana use:

  • Fire Hazard: Smoking, whether it’s marijuana or tobacco, can be dangerous. It can cause property damage from smoke stains and discoloration. Additionally, a lit cigarette or joint can start a fire. Insurance premiums often go up for associations that allow smoking.
  • Odor: The smell of marijuana smoke is strong and not everyone likes it. Smoke can easily travel in close quarters, affecting neighbors.
  • Health Risks: Secondhand smoke from marijuana can pose health risks. Experts are concerned about its impact on lung health.

Policy Considerations
If your HOA already has rules about smoking, these likely apply to marijuana as well. However, it’s a good idea to review these policies to make sure they explicitly include marijuana.

Health Concerns in Multi-unit Housing
People often compare the health risks of marijuana smoke to tobacco smoke. Additionally, the rise in electronic smoking devices (ESDs) has raised questions about their impact. All these products pose health risks and banning them in multi-unit housing is the best way to protect residents.

According to the Centers for Disease Control and Prevention (CDC), fine particles in smoke (PM2.5) can get deep into the lungs and even the bloodstream. Marijuana smoke was found to release PM2.5 at a rate 3.5 times higher than some tobacco cigarettes. Exposure to these particles can cause eye, lung, and throat irritation, breathing problems, lung cancer, and low birth weight in babies. For people with heart disease, it can trigger heart attacks or other serious conditions. ESD aerosols also contain fine particles and harmful chemicals like chromium, nickel, and tin.

The Surgeon General has stated that there is no safe level of secondhand smoke (SHS). SHS from tobacco increases the risk of heart disease, stroke, and lung cancer by 20-30% in non-smokers. For women of childbearing age, SHS exposure increases the risk of health complications and low birth weight in newborns. Children and infants exposed to SHS are at higher risk of sudden infant death syndrome (SIDS), pneumonia, bronchitis, ear infections, and severe asthma.

Taking Action
For condo, apartment, or townhouse residents, involuntary exposure to smoke can be a significant problem. Visit the Hawaii Public Health Institute’s website on Smoke-Free Multi-Unit Housing for more information. Speak with your condo board or property manager about implementing smoke-free protections for your building.