We have dealt with similar issues regarding service animals and parking for handicapped...neighbors saying "why can they and why CAN'T we?" People with prescriptions for medical marijuana will be protected if your state has passed approval, but doesn't mean that housing providers have to allow it. The federal government has NOT approved it, it is still illegal and a housing provider can decline usage. The establishment of policies is critical, as is enforcement. The concern for second hand smoke is real. At least marijuana can be consumed other ways; smoking is not the only way. This one will be interesting to watch. For now pay attention to your state laws...the Feds seem to be staying out of it.

Pot friendly communities... I had not actually considered that. Although I am in favor of legalization (not because I use, but rather for the host of other reasons it makes sense), my gut tells me this is similar to having an alcohol-friendly community, which doesn't make sense to me. Although I do think that like some properties who provide alcohol at resident events, a community who provides pot (if it were legal) instead would create a lot of buzz.

Wow! What a topic. I believe the first is making sure that the resident's prescription is valid. In doing so you will want to take into consideration all Fair Housing laws. However, should the pot smoke escape the apartment, it should be treated as any other offensive odor which is a violation of the lease.

This is not an issue at all. If states allow the use of medical marijuana as a prescription, then it is as legal as any other prescription. It is no one else's business as to whether or not anyone has a prescription for anything. The PM has no business disclosing that information to anyone, if he or she knows.

Law is law. This has nothing to do with Fair Housing Law. Medical marijuana users are not specified as a protected class.
In states where marijuana use is illegal, it is illegal.

Solution if use is illegal? Send a memo to all tenants: There was a complaint of suspected marijuana smoke in the halls at (address) called to (manager name) on (date inserted here). Management reminds all tenants and guests that the use of marijuana is illegal in (insert state here). If there is any question about this memo, please call (manager's name and number here).

All tenants get a copy of the memo dropped off by the leasing agent. No one tenant is singled out and the manager can take any calls about any illegal drugs being used in that building. The advice to give tenants: call the local police if there is evidence of illegal drug use going on, then, let the manager know. The manager will want a copy of the police report for the tenant files.

The answer is that this substance is either legal or it is not. It has nothing to do with any other hypothetical issue.

I am an agent/property manager in Ohio: in the case of trafficking of any illegal drug, that must be documented for the manager's files. Usually, effective screenings take care of the situation in which there is a history of trafficking of an illegal substance. The manager may get calls from frightened tenants in the building. Asking the local police for help is a good idea. If trafficking is present, there is no other way than to use eviction of all residents at that unit number and address. "Et Al" is the phrase to include on the eviction notice for the courts in the county in which I work. There may be unknown people living in the unit along with anyone involved in trafficking. That alone is dangerous for other tenants.

The filing will have to be done with the courts and the owner will have to pay for that filing. However, the owner may press for reimbursement of costs in the judgment from the courts. Whether or not the owner ever collects on that judgment depends on whether or not that trafficker ever holds a job or has any assets under his/her own name. The best process for a successful eviction is non-payment of rents. There is a process involved in ridding a property of trafficking. This is an important issue in property management for Ohio.

In Washington State even though pot is legal It is illegal to smoke pot in public, so I guess It will fall under the no smoking inside policy. Tenants will have to consume it other ways or smoke it off premises.

Marijuana can be consumed other ways besides smoking it. If the person has an Rx to consume medical marijuana, are we violating their rights if we suggest they do so in a manner that does not offend or create health risks to others?

States may allow the use of marijuana for medical reasons and Tennessee is looking into legislation just for that. However, it is a still violation of the lease to disturb the rights, comfort, health and safety of others in or near the apartment community including allowing second hand smoke to disturb the health of safety of neighboring apartments.
If the medical use of marijuana is used for a visible or non-visible disability, than that individual with a disability is a protected class under Fair Housing. I believe this is where the law needs to be addressed on a Federal level allowing those with disabilities the necessary tools in this case, medical marijuana.

As PM, if the a resident does not make it clear why they need accommodation or their disability is not obvious or known to you, you may request that the resident or prospective resident provide written documentation from the health care provider of their choice that the resident is indeed disabled and that the accommodation requested is necessary due to their disability. He or she should explain what type of accommodation is requested for his or her disability, this may include the use of medical marijuana. This change could mean that a smoke free property may have to allow them to smoke on the patio or on the grounds and may allow them the ability to possess the substance and paraphernalia for medical use unless it results in an undue hardship.

I would hope that communities would be more proactive and addressing this issue this is an initial step in order to maintain the community’s standards and comply with state and federal laws. It will truly be interesting to see how these cases are handled. Colorado, we are watching.

If this is a prescription from a medical professional, no one has any right to demand anything or get involved in this issue. That is guaranteed litigation.
If pot is illegal in that state, it is still illegal. If it is found in any rental unit, that may break a lease contract and an eviction can result. This is a case of illegal vs legal. Individual feelings and preferences have no place in this issue. If a doctor prescribes this for a patient and this is legal in the state, no one has a "right" to inquire or to interfere. This is not about tobacco smoking. This is about a prescription, as I understand this post.
If there is any question, do what I do--call your legal representative about your situation and get professional advice. I would not get involved in somebody else's medical care, which is presumed legal for that state. Managers have no right to do so.

Justin Bryan, You brought some great points I have not considered.
Thanks for your thoughts