Prohibiting smoking medical marijuana in hotels

UPDATED: Oct 1, 2022

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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.

Rodeway Inn
Wooster, OH

Asked on July 2, 2018 under Business Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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