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Landlords Risk Legal Trouble Over Prescription Cannabis Accommodations
New CIC report shines a light on patient discrimination
by Paul North, September 4, 2024
The landscape of medical cannabis use in the UK has evolved significantly since its legalisation in 2018. This transformation has introduced a complex set of challenges for landlords and housing associations who must navigate the legal implications of accommodating tenants who use medical cannabis. Despite the legal status of cannabis for medicinal purposes, a lack of awareness and understanding persists among many property owners and housing managers. According to a recent report by the Cannabis Industry Council (CIC), titled “The Use of Prescription Cannabis in Buildings,” landlords who fail to accommodate tenants using prescribed cannabis might be violating the Equality Act 2010, which protects individuals with disabilities. Consequently, landlords are compelled to reassess their policies to avoid potential legal repercussions.
Prescription Cannabis and the Equality Act
The Equality Act 2010 is pivotal in ensuring that individuals with disabilities are not subjected to discrimination, and it mandates landlords and housing providers to make reasonable accommodations for such tenants. For individuals suffering from chronic conditions like epilepsy, chronic pain, or multiple sclerosis, medical cannabis can be an integral component of their treatment regimen. Nonetheless, numerous rental agreements, especially within social housing and managed properties, enforce blanket bans on cannabis use. These bans often fail to distinguish between illicit recreational use and legitimate medical prescriptions.
The CIC’s report, authored by Mohammad Wasway from PatientsCann UK, underscores the necessity for housing providers to treat prescription cannabis as they would any legally prescribed medication. Refusal to accommodate or imposing heavy restrictions on its use could be construed as discrimination, obstructing a disabled tenant’s right to manage their health condition. Wasway cautions that non-compliant landlords risk facing legal action or being listed in the rogue landlord database, a reputational hazard that no housing provider would wish to incur.
Why Vaporisers Matter in This Debate
Landlords express concerns regarding the method of cannabis consumption, primarily due to fears of smoke damage or complaints from other tenants about odors. However, a majority of medical cannabis users in the UK utilize herbal vaporisers for their prescriptions. Vaporisers function by heating cannabis without combustion, thereby producing vapor rather than smoke. This method mitigates many concerns associated with traditional smoking.
The CIC report distinctly separates the use of medical cannabis vaporisers from recreational vaping or smoking. Herbal vaporisers are classified as medical devices and are legally differentiated from recreational smoking methods. When used responsibly, vaporisers emit minimal to no odor and can be discreetly employed in private spaces, especially when good ventilation is available.
Legal Implications for Landlords
The CIC’s report delineates the legal responsibilities of housing providers in accommodating medical cannabis users. Landlords and property managers are urged to scrutinize rental agreements to ensure they are not inadvertently breaching the Equality Act. Provisions that categorically prohibit cannabis use might necessitate revision, particularly if they inhibit tenants from using prescribed medication within the confines of their homes.
Elisabetta Faenza, Chair of the CIC Standards Working Group, highlights the significant legal ramifications for landlords who fail to accommodate medical cannabis users. “We believe it would be proportionate for landlords who continue to deny patients their basic rights to be added to rogue landlord databases or indeed be taken to court,” she elucidates. The legal risks extend beyond potential lawsuits; non-compliant landlords may also confront financial penalties, reputational damage, and strained relationships with tenants. Ensuring compliance with the Equality Act is thus crucial, not only from a legal perspective but also as a part of maintaining good tenant relationships and upholding ethical standards.
What Should Landlords Do to Stay Compliant?
The report provides actionable guidelines for landlords to ensure compliance with the Equality Act and to mitigate the risk of litigation:
- Update Rental Agreements: Scrutinize and amend any clauses that categorically prohibit cannabis use without distinguishing between medical prescriptions and recreational use. Incorporate provisions for the legal use of prescribed cannabis, particularly concerning its consumption using vaporisers.
- Allow Reasonable Adjustments: If a tenant presents a valid prescription for medical cannabis, landlords must permit its use within the tenant’s private space. Denial could result in accusations of discrimination under the Equality Act.
- Ensure Privacy and Confidentiality: Tenants are not obligated to disclose their medical conditions or prescriptions unless they choose to. However, landlords must ensure that any information provided is kept confidential and handled in accordance with data protection laws.
- Provide Education and Training: Housing providers should educate their property management teams about the legal status of medical cannabis and the rights of tenants under the Equality Act. This education can help prevent misunderstandings and ensure staff members are equipped to handle issues related to medical cannabis use.
By adhering to these recommendations, landlords can not only avert potential legal pitfalls but also cultivate a more inclusive and supportive environment for all tenants, particularly those with medical needs.
Prescription Cannabis: A Growing Issue for Housing Providers
Since the legalisation of medical cannabis in 2018, the number of patients using cannabis as part of their treatment has steadily increased. This rise presents new challenges for housing providers who must balance the legal rights of tenants with the concerns of other residents and the integrity of their properties. The CIC report serves as a crucial wake-up call for landlords to update their policies and practices to reflect the evolving legal landscape surrounding medical cannabis. By taking proactive measures to accommodate medical cannabis users, landlords can not only safeguard themselves against legal repercussions but also demonstrate a commitment to inclusivity and tenant well-being.
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