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?

[Mark116]

@Laura2592  It's an interesting question.  The problem w/edibles is there isn't anything pro-active you can do to discourage use, like you can with some other unwanted behaviors.  If you really don't want deep frying you can take out the skillets and the oil, it wouldn't prevent the action but would decrease the likelihood, same with people using too many towels/extra bedding, that can be removed.  

I guess you could contact your insurance company and ask them about liability for you if a guest were to leave edibles that were then found by a subsequent guests child or pet, and potentially use that as a rationale.  You would still not prevent it, but it might increase responsible clean up that would minimize them being left around, or not, ya know, people who are high are high, and the next day they will never remember if a few edibles fell off the table onto the ground/floor/deck/into the couch.

[Sarah977]

@Laura2592  You don't have to allow anything in your home that isn't mandated by law, like not discriminating against people with service dogs. Just  because pot is legal doesn't mean you have to allow it, anymore than you have to allow cigarette smoking on your property just because cigarettes aren't illegal.

But as you say, it's difficult to enforce. And I'm sure you have guests who aren't pot smokers who don't clean up after themselves, too. I really think leaving the place clean and tidy has far more to do with the individual than whether they smoke pot, drink, etc. I know alcoholics and potheads whose homes are pristinely clean and those who live in a mess. And young people, by and large, tend to not be overly attentive to housekeeping, regardless of whether they are potheads or not.

[Laura2592]

@Anonymous I like this sort of art installation idea of labeling every item with what it's NOT for. Lol.

And yes, the kids do edibles. Smoking is just so 1996. I don't honestly care what people do as much as what my own liability involvement may be. For example,  if I missed an edible that looks like candy and the next guests dog ate it. If I had a sign saying "we don't permit usage of marijuana without a medical rx on this property and take no responsibility for any injury resulting from the use of this substance" would that save me from some sort of legal trouble? Do I have to allow whatever is legal in my state in my income property? I do think this is a good question for an attorney.  It's less about enforcement of behavior and more about minimizing risk to our assets.

Sorry @Sarah977  nested in the wrong place. I still have not mastered this phone.....

[Anonymous]

@Laura2592  Not speaking as a legal expert here, but I honestly don't think this kind of signage would have any effect on the risk to your assets.  If a guest were to find any kind of discarded food indoors, your main risk would be a complaint about inadequate cleanliness, which can't be waived away with a disclaimer.

Some portion of your guests will inevitably consume mind-altering substances - legal, illegal, or prescribed - but you don't get to dictate the terms of a personal-injury claim just by having a weed policy. It would be unfortunate if a child or pet were to get sick on your property after eating something they weren't supposed to, but this is not the kind of risk you can mitigate with oddly-specific rules and disclaimers. 

As for the other question of whether you're required to allow guests to have edibles onsite - in your case, probably yes. Your state recognizes marijuana not just as a food or smoking product but also as a valid medication. And you certainly can't discriminate against guests based on what doctor-prescribed medicines they're taking, even if they're known to cause erratic behavior. It's pointless to try to make it limited to guests with a prescription, because you're not permitted or qualified to demand medical documents in your capacity as a host. 

Of course you can maintain a no-smoking policy for all substances. But I think it would be unwise to use any language specific to 420.

[Lorna170]

@Laura2592   You have such interesting posts...  IMO, ask your attorney.  You will never be able to prevent people from doing what they do, but you should know your liability and rights.  A simple sign posted inside the property stating that you are not responsible under the law for X, Y, Z may protect you from a follow-on guest discovering edibles or whatnot.  

[Jeanette37]

I don't like smoking in my property of any sort but I have to say that I haven't thought about a guest doing it in the room or been aware that it's happened.  I've certainly never come across any drug paraphernalia or give-away smell in the room when cleaning.  I must have just been lucky I suppose that I've never had any guest who uses drugs recreationally stay at mine.  Woe betide anyone who does that and leaves a mess or damage to anything in the room as that could be costly for me, I certainly wouldn't have them back and I would be reporting them.  As far as what's legal goes, don't know about my local laws but it's likely to be similar to yours.  I've had a few smokers stay and they've all gone outside. 

[Anonymous]

@Laura2592  It's funny how many posts have framed the consumption of legal cannabis as a "smoking" issue. In reality, a typical dispensary doesn't sell much that's meant for rolling an old-fashioned joint. "Smoking" weed is so last century - these days, even Martha Stewart has a line of pot gummies.

Anyway, advertising an unenforceable prohibition on what guests do with their own bodies has no real-world effect on their behavior. Sure you could post a sign in the bedroom that says "no sex allowed here." Order a set of custom dinner plates that says "don't you dare cut lines of cocaine on me." Take some nail polish and delicately paint "don't pee in the shower" around the bathtub drain. Leave a note  on the speakers saying "no heathen rock 'n roll music." How about a little sign on the fridge ordering guests to abstain from cheddar cheese? All of these silly things would be just as ridiculous as a House Rule telling renters of an entire home not to consume cannabis. All it would really do is express your personal opinion on the substance, which is really nobody's business. At worst, it would create an idea in guests' minds of what kind of person you are - perhaps, a caricature of a hyper-conservative busybody with delusional notions of how much you can remote-control people's life choices. You are not that person, so why undermine your great hospitality with this folly?

[Leiloni0]

It’s legal here in CA too. I specify in my house rules that it is not allowed on premises. If I find it, they forfeit the reminder of their stay and I will require and extra cleaning fee. 

[Anonymous]

@Leiloni0   Airbnb will not enforce a penalty "cleaning fee" on your behalf, no matter what you put in your rules. You can kick out a guest for breaking your rules, but you forfeit the payout for the unused nights.

As a homestay host, I think you have pretty wide latitude to set restrictions on what people can bring into the shared areas of the home - for example, a vegetarian host can ask guests not to bring meat into the kitchen, and any host can require that guests keep their personal items stored inside their private space rather than on the bathroom counter and whatnot. That's about the extent of the authority you can exercise on the matter, though - the legal items that guests keep and consume in their private space (excluding firearms and other safety hazards) are not for hosts to regulate.

[Sarah977]

@Leiloni0  You can certainly say that smoking isn't allowed on your property. But you can't dictate that guests don't have marijuana, in whatever form, in their possession. 

If they damage your property, or leave a mess behind them, you just deal with it as you would any guest who did that.

[Basha0]

I state no smoking of any kind on the property. I’m all about fire safety. 

[Kitty-and-Creek0]

@Basha0 

Good for you! We are just north of you in Mendocino County.  We are all about fire safety as well. We have no smoking anything, anywhere on our property, and no open flames of any kind, indoors or out.