POWELL COUNTY, Ky. (WKYT) – Today’s Good Question is: I have a medical marijuana license and my apartment building doesn’t allow smoking or vaping of any kind. My question is, can I be stopped from vaping inside, even if it’s prescribed because it is medicine?
Kentucky law says in general, property owners can limit the use of smoking or vaping, including medical cannabis in or on their properties.
In the portion under employers not being required to permit medical cannabis, it also says the law shall not “prohibit a person, employer, corporation, or any other entity who occupies, owns, or controls a property from prohibiting or otherwise regulating the use, consumption, possession, transfer, display, transportation, sale, or growing of medicinal cannabis on or in that property.”
There are protected classes that apply to renters. Those include factors like race, religion, sex, and age. But medical marijuana use does not fall under any of those.
Kendra Steele with the Kentucky Cabinet for Health and Family Services said that Team Kentucky wants to make sure people with qualifying conditions have access to safe, quality medical cannabis.
But she also said rules on vaping or smoking are governed by the terms of a tenant’s lease.
“The Office of Medical Cannabis encourages cardholders to review the terms of their lease to identify any provisions related to use of medical cannabis in their leased space,” Steele said.
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