I live in Federally Funded Housing.

"I have just learned that if management objects to my growing I must dispose of the plants. How does that apply to my medication? Is one method of dosing more acceptable than another, legally. Am I allow to smoke my mmj? The apartments are currently smoking allowed. If they change to non smoking apartments how does that effect me? Will any of this change when recreational marijuana is passed in November?"

Well, this is a common question whether you live in Federal housing or not. Legally, marijuana is illegal at the federal level and not at the state level medically. How that translates to your apartment, I would assume it would be frowned upon to grow or smoke.

In a normal apartment situation, yes you can smoke marijuana in your building. This is a quote from a question that I answered some time ago:

"You can smoke unless your landlord specifies otherwise. If your landlord specifies otherwise, then no you may not. He or she has the right under the federal Fair Housing Act to deny your smoking within his building. Although it is legal in CA to obtain medical marijuana with a doctor’s recommendation, the federal Fair Housing Act operates under federal jurisdiction, and as we know, cannabis is not legal on the federal level. From what I understand, it is possible to be evicted for smoking marijuana in an apartment, depending on the rules of your building or how your landlord might react."

If the legalization vote happens in November you are still in a federally funded building, and it is illegal at the federal level regardless of the vote. The best thing to do is to ask the person in charge what the policy is regarding cannabis on site.

I am not a lawyer and this represents my opinion based on the research I did. I hope this helps.


I would second what Pamela has said. Even if Prob 64 passes in November, it still remains that any place where smoking is illegal, it would be illegal to smoke cannabis, for recreation or medicinal use. Your landlord makes the determination to make smoking of any kind legal or illegal.

Perry Solomon, MD

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