Landlords and Recreational Marijuana

It is now legal in Massachusetts to consume marijuana in any form for one’s own pleasure.  Our Legislature is still in the process of ironing out details of the law, but one point is without dispute:  Marijuana cannot be smoked, or otherwise consumed, in public.

What the public use restriction boils down to is this:  Marijuana can be enjoyed only in the privacy of one’s own home.  As such, renters might believe they have the unfettered right to light up in their apartments.  But, depending on the rental agreement, they might be mistaken.

Under Massachusetts Law, regardless of the new marijuana legislation, landlords retain the absolute right to prohibit smoking, vaping, and growing – IF IT’S IN THE RENTAL AGREEMENT.

For appropriate wording, please log-on to and look for “Addendum”, “No Smoking Addendum”, “Tenancy At Will”, and / or “Fixed Term Lease”.

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