With medical marijuana dispensaries rolling out across the state, property managers and condo association are fielding growing complaints about smoking “weed.” However, if an association has a no smoking policy, there are protections, even from prescribed medical marijuana.
According to the Hawaii Department of Health, the smell of cannabis smoke from a neighbor’s home (including condos) fall under “smoke free” laws, if the property has them in place. Registry staff typically refer complainants to their Board of Directors or property managers, so it is important to know how to enforce rules when it comes to cannabis. A general rule of thumb (for condos) is that if the entire “footprint” of the property is “smoke free” then registered patients cannot “smoke” or “vape” cannabis anywhere on that property. Registered patients will need to “use” cannabis in some other format. Owner’s or tenants should be able to obtain a copy of the By-Laws from their Board of Directors.