Can Tenants Smoke Marijuana in Rentals?

Landlords in Virginia are not required to allow tenants to smoke marijuana inside rental properties, even if the tenant claims it is for medical use. While marijuana is legal in the state under certain circumstances, it remains classified as a controlled substance under federal law. Because of this, Virginia Fair Housing laws do not recognize marijuana use or addiction as a protected disability, meaning landlords are not obligated to make accommodations for it.

Even though landlords have the right to prohibit smoking inside their properties, they should clearly outline these restrictions in the lease agreement. Policies can specify whether smoking of any kind—including tobacco and marijuana—is prohibited indoors. Tenants who need marijuana for medical reasons may still be able to use alternative consumption methods, such as edibles, without violating their lease.

This legal gray area highlights the ongoing conflict between state and federal laws on marijuana use. While more states are legalizing cannabis, federal restrictions continue to create challenges for both tenants and landlords. Property owners should stay informed on legal updates and ensure their lease agreements reflect their policies clearly to avoid potential disputes.