Do Minneapolis Duplex Owners Have To Allow Cannabis?

With recent state and federal changes to cannabis law, which are most likely to impact Minnesota housing providers?

As of August 1, 2023, cannabis has been legal for adult use in Minnesota in single-family homes, yards and on private property, provided the user is 21 years of age and older.

Multifamily property owners may not prohibit the possession or use of cannabis or hemp-derived products in rental units unless the product is being smoked or vaped. Then, for now, anyway, it’s the housing provider’s choice whether to permit its use. Unless, of course, if a building is non-smoking, that applies to anything being smoked, including marijuana.

However, smoking or vaping is prohibited in any place where someone under 21 years of age could be exposed to second-hand smoke. It is also prohibited in a multifamily building’s common areas.

For these purposes, the state defines multifamily property as any building with three of more units.

Yes, this is confusing. So perhaps in an effort to clear that up, the state legislature tweaked the law so that beginning March 1, 2025, cannabis may not be smoked in a multifamily property at all. That ban even extends to balconies and patios.

To many, none of this may seem like a big deal. It’s important to note, however, that if a resident’s use of marijuana is bothering another tenant, the latter may file a nuisance complaint lawsuit. If successful in court, the court may order payment of money for damages from any resulting injury, a civil penalty of $250,

The cannabis law also states “any use of adult-use cannabis flower which is injurious to health, indecent or offensive to the senses, or any obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property” is considered a nuisance.

The nuisance provision in the cannabis law, which went into effect July 1, 2023, allows for a lawsuit to be filed by “a person who is injuriously affected or whose personal enjoyment is lessened by a nuisance.” That person may ask a court to order that the behavior causing the nuisance must stop, as well as money damages for the injury caused or a civil penalty of $250.

A lawsuit can also be brought against a housing provider who failed to stop the behavior of the guilty party. This can also result in monetary damages, and a civil penalty of $500.

As public perception and governing laws around cannabis continue to evolve and change, housing providers will have to adapt and find ways to keep all their residents happy.

There’s nothing new about that!