Smoking Ban Raises Questions For Landlords

The state laws on medical marijuana have landlords in mid-Michigan confused. That's because many of them don't know how it applies to their no smoking rules.

For many smoking tenants in Michigan the days of lighting a cigaratte inside their place could soon be over. That's as more landlords consider making their property smoke free.

"It will better both our buildings, and also provide a better environment and more healthy homes for our residents," said Forrest Babcock, Lansing Housing Commission.

Thursday the Property Management Association of Mid-Michigan and the Ingham County Health Department told landlords they have the right to set these rules even if those include legalized medical marijuana.

"As a number of people said to me, we don't want to be showing our apartment to a prospective resident, and have them smell marijuana in the hallways. That is not a selling point for us," said Jim Bergman, Smoke-Free Environments Law Project.

Selling point or not, advocates for medical marijuana say these measures are not fair. Some argue that it's people's medicine. And if the law allows it then it's their right.

"If people are paying to stay at a place, that's their home. I feel that if it's your home, then you should be able to do what you vote to do. And one of them is medical marijuana," said Danny Trevino, Hydroworld.

It's a battle that could have legal consequences and one which Bergman says landlords would win.

"State law says you can be certified to use marijuana for medicinal reasons. However, federal law still says marijuana is a controlled substance which is illegal. And no question about it, federal law trumps state law," said Bergman.