Prohibiting smoking medical marijuana in hotels

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Prohibiting smoking medical marijuana in hotels

In Ohio, can a hotel have a policy to prohibit the smoking of medical marijuana in a hotel room that is designated as a smoking room? The basis of doing so is that the smell gets into corridors and causes complaints from other guests.

Chris
Rodeway Inn
Wooster, OH

Asked on July 2, 2018 under Business Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

It is absolutely legal: 
1) Medical marijuana may be legal in your state, but marijuana is still an illegal drug under federal law; a hotel or any business may refuse to allow illegal activities.
2) Regardless of legality, a hotel has an obligation to all its guests and the right to ban any activity which disturbs other guests. You cannot subject other guests to your medical marijuana second-hand smoke or smell against their, or the hotel's, will, and you cannot force the hotel to allow you to distrub other paying customers.


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