420 Guests...how to handle it

[Laura2592]

I still can't really get the answer to this question so I am wondering if anyone knows.

Marijuana is legal in my state for possession of 10 grams or less. We get guests who indulge. Invariably, if I know they indulged, its because the place is a mess after. There is either a lingering smoke smell or a mess left behind or both. We have had guests leave edibles lying around as well. My cleaning crew has found lighters between cushions of the sofa and chairs, ash under beds, gummies in the yard, etc. 

I am sure we have guests who don't leave behind these things and use pot. As long as there is nothing in evidence of this outside of the trash or appropriate receptacle, its not my concern. Same thing to me as a guest who leaves liquor bottles in the recycling bin. I do worry about the day that both the cleaners and I will miss something that causes a problem for the next group, either with kids or pets.

So my question is-- if pot is legal where you are, do you have to allow it on the premises of your ABB? I don't think its practical to ban it as its hard enough to get guests to follow basic rules about how many people they can bring. I just wonder, for my own edification, if I need to legally allow it. Does anyone know?

[Elaine701]

Not in the house! There's ashtrays on the terrace and the pool bar. Please use them. 

[Laura2592]

@Elaine701  we don't allow smoking of any substance in the house either. But not all guests smoke to ingest.

[Elaine701]

It's legal here, and I really don't care what you smoke. Just not in the house. That's all. 

[Laura2592]

@Elaine701 yeah I am not bothered except by the mess after. There seems to be a trend with younger guests doing edibles and leaving the place a wreck of late. I am just curious about my obligation -- if its legal in my area, do I have to allow this in my space in any form?

[Elaine701]

@Laura2592 

Oh, ok.. Got it 😎

Sorry, I don't think I can help with that. I suspect Airbnb would interpret it in the way that's most convenient for them.

[Emilia42]

@Laura2592 

I think smoking (of any kind) is relatively easy to enforce. Most people are respectful and used to not being able to smoke inside. It is clearly noticeable and hard for a guest to hide. Edibles are like alcohol. You can try and state 'No edibles or consumption of alcohol" but good luck. Most people are going to justify their evening glass of wine or their after-dinner brownie regardless of what is "allowed."

[Laura2592]

@Emilia42 I know. Its pretty much unenforceable. I was just wondering what the limits were, legally. Do I have to allow it in my home? I would say that's a yes if its medically needed. But recreational use? Are ABBs treated like a business or a private residence? I am just curious. 

[Elaine701]

@Emilia42 @Laura2592 

Virtually all smoking violations are unenforceable (at least with any Airbnb assistance) . 

>You< can enforce it, but if the guest complains to Airbnb, you could be subject to penalties for poor treatment of guests. Not to mention a fabricated vitriolic review from the guest. 

You can avoid the medical excuse by saying it must be outside (have ashtrays outside 😉). Yes, only outside. That doesn't say "no".

[Emilia42]

@Elaine701 I guess I was trying to say that here in the US it is extremely uncommon for someone to smoke in a public indoor space. Never in my life have I been in a restaurant/store and someone just lights up a cigarette claiming they didn't realize it was "not allowed." For the most part, I would say that 99% of guests know to go outside. Now, whether or not they smoke right in the doorway so that the smoke lingers inside is a different story. 

[Sarah977]

@Emilia42  I'm a cigarette smoker myself and have several friends in Canada, where I just spent a month, who are, too. No one smokes inside their home, let alone in anyone else's. Smokers have a comfortable, covered, outside area for that.

[Elaine701]

@Emilia42 @Sarah977 

One would expect others to assume that smoking would not be allowed in indoor spaces. Public or private.

But some still seem to expect that if they're paying to stay in a private place, then unless it's specifically written in big, bold red letters at every turn, then it's perfectly acceptable to light up. I find it difficult to believe they'd do that at home. But maybe they do (?). 

Tobacco, pot, shisha... The substance doesn't matter. It's the lingering odours that many future guests will find offensive. And expensive to get rid of. 

Yet it's still unenforceable as a "rule". But I suppose most "house rules" are in all practical ways unenforceable, unless there's a defined penalty for violating them, and an effective facility to enforce that penalty. 

[Kelly149]

@Laura2592   This question right here is the bane of many an ABB problem: 

“Are ABBs treated like a business or a private residence?”

yes. And yes. 

[Mark116]

@Laura2592  I think you would be on shaky ground legally unless it was based on a religious exemption. 

Airbnb, unless I'm remembering wrong, doesn't let the hosts ban alcohol for adults in whole home rentals, even though I know some do.   I would think edibles are in the same class as booze.  I guess you could add some rule where you indicate a fine for people who fail to police their own medications/products, prescription or otherwise that could pose a risk to third parties?

[Laura2592]

@Mark116 I think a host posted a list of fines for disposing of pot related products that was what was charged by their jurisdiction. I am not aware of any rules like that in ours. I just wonder what the legal responsibility is to accept it in your space is. I remember seeing a thread awhile ago too about a host that did not allow booze. As I say, unenforceable in a remote listing. Maybe more enforceable in a shared space? Its just a very gray area. 

I don't intend to try and ban it. The behaviors around it (messes, smoke smells) are already accounted for in our rules. I just don't know if we as hosts have any say so whatsoever in allowing it in our spaces, or not.  Sounds like not?