how to fight the attorney general and harsh penalties for smoking pot

by Dustin Oberbrunner DVM 8 min read

Do anti-smoking laws apply to marijuana?

Existing law around marijuana use in public housing can result in penalties or evictions for tenants using cannabis, even those using marijuana for medical purposes. Beginning on January 1, 2020, residents of Chicago will be able to buy, sell, and consume marijuana recreationally thanks to a recently passed Illinois law that proponents say ...

What are the rules for smoking in a PHA?

Jun 06, 2017 · Penalties for pot possession are too severe ... district have urged him to reconsider the state’s harsh approach to the drug. ... to give Attorney General Jeff Sessions funding to …

Should marijuana be allowed in public housing?

A clear no-smoking policy prohibits all forms of smoking, including smoking marijuana for medical reasons. A landlord who has included a no-smoking policy in a lease or rental agreement can terminate the tenancy of or evict a tenant who smokes. When the no-smoking policy is part of the rental's rules and regulations (but not incorporated into ...

What are the tobacco laws in the United States?

May 03, 2017 · The Attorney General for the state of New York sued the state of Delaware for that. Unsuccessfully. Even retiring-to-senior-status U.S. District Judge Greg Sleet, one of Delaware’s own, recently warned Delaware from the bench about overreach in its definition of abandoned property and its escheatment of funds.

Why is smoking banned in multiunit buildings?

Many states and cities have laws that prohibit or limit smoking in or around multiunit buildings due to the fact that smoke migrates so easily across shared spaces. In some areas, even buildings with as few as two units are considered multiunit for these purposes.

What is the HUD requirement for tobacco?

Department of Housing and Urban Development (HUD) requires all public housing agencies (PHAs) to prohibit certain tobacco products: in all indoor areas (including individual units) and. all outdoor areas within 25 feet of a building.

What is the definition of smoking?

Others define "smoking" as involving, or even define "tobacco" itself as, any plant matter that can be smoked. Many others are silent on the matter. To find out what the law is in your area, do an Internet search for "anti-smoking laws" or "smoking ban" where you live, or contact your city manager's office.

Is smoking a discriminatory act?

Nor are bans on smoking discriminatory: State and federal laws prohibit discrimination on the basis of certain attributes (such as age and national origin), but being a smoker isn't one of them. In fact, states, cities, and the federal government can place restrictions on all types of smoking.

Can you smoke in a rental property?

Often, if the law doesn't ban smoking altogether, it prohibits it in a certain percentage of units or in shared spaces such as common areas and parking lots. It's also possible for a state or city to pass a law banning smoking in all rental properties—even single-family homes.

Is smoking a controlled substance?

The federal government has the power to regulate almost any substance you might consider smoking, including tobacco and controlled substances such as marijuana. Tobacco. Smoking tobacco is legal under federal law. The federal government doesn't restrict its use in private rentals but does restrict it in public housing.

Can a landlord restrict smoking?

Landlords Have the Right to Restrict Smoking. Even when there's no applicable anti-smoking law, landlords can limit or prohibit smoking anywhere on the rental premises, including individual units. Health concerns about secondhand smoke aside, landlords often prohibit smoking in an effort to limit fire hazards on the property, ...