With the highly anticipated presidential election and subsequent week-long ballot counting, you might have missed out on some other initiatives that were on ballots around the country. On November 3, 2020, several cannabis measures appeared on respective state ballots, including Arizona, Montana, New Jersey, and South Dakota. Voters of these four states overwhelmingly approved the measures, joining Alaska, California, Colorado, District of Columbia, Illinois, Maine, Massachusetts, Michigan, Nevada, Oregon, Vermont, and Washington regarding recreational cannabis legalization and decriminalization.
The Friendly Four
Here’s a quick overview of the four states that legalized recreational marijuana usage and their respective legislation.
Arizona – Proposition 207, The Smart and Safe Arizona Act — PASSED
This proposition allows adults 21 and older to possess a certain amount of cannabis and use it in private. Although the market will be regulated by the state Department of Health Services and criminal penalties still exist, the material clause within the law is use on private property (i.e., one’s own home). The scope here is narrow enough to give hotels the right to control the use of cannabis at their facility.
Montana – Marijuana Legalization Initiative, I-190 — PASSED
Montana joined the states that legalized recreational marijuana in the November 2020 election. I-190 allows adults 21 and older to possess up to one ounce of marijuana legally. Like all other states, the new recreational use law only makes it permissible to use cannabis on private property, not public property. Hotels may exclude cannabis use on facility property.
New Jersey – Public Question 1, the Marijuana Legalization Amendment — PASSED
Question 1 added an amendment to the state constitution legalizing recreational use of marijuana for persons aged 21 and older while also legalizing the cultivation, processing, and sale of retail marijuana. The constitutional amendment will take effect on January 1, 2021. The result will allow adults within the state to consume cannabis on private property, while hotels maintain the right to exclude cannabis from their premises.
South Dakota – Constitutional Amendment A, the Marijuana Legalization Initiative — PASSED
Amendment A legalized the recreational use of marijuana for individuals 21 years old and older. Under the measure, individuals are allowed to possess, use, and distribute up to one ounce of marijuana. No more than eight grams can be in a concentrated form. Hotels in South Dakota may reserve the right to exclude use in its facility.
Each state has the right to dictate the regulations surrounding possession, cultivation, and the retail economy. Substantively, each government has limited the use of cannabis to private property. This means consumers have little latitude in where they might be able to enjoy marijuana. Hotels are public accommodations, not public property. However, the legal technicalities may still make the decision to allow guests this privilege a difficult one. Whether hotel guest rooms or patios are deemed private property for the purposes of the law must be determined through careful talks between legal counsel and management, and guest comfort and business relations may outweigh the allowance even if use in this setting is not a direct violation of the law.
Hotelier Away From Home
As a hotelier in one of these states, you may be challenged with guests who think it’s okay to light up on your property. After all, they’re in “private” while in their hotel room, as they would be in the privacy of their own home, and many will not discern the difference without you clearly defining your policy. While some hotels do allow smoking, most do not. And guests might get confused as to what is acceptable since they are staying in a state where it is legal. It’s each hotel’s responsibility to create policy and clearly display these policies to help guests abide by the rules. As guests’ hotel rooms may have the same legal protections, in some cases, as one’s own home, you may still dictate the policy within the hotel.
To help combat the confusion and ensure everyone follows the rules, post your hotel policy in a clear view where everyone can see. You may even go as far as to post small signs in each guest room so that there’s no confusion about your policies.
Signs of the Times
At HOTELSIGNS.com, we create every sign you could possibly want or need. And yes, we even have several options that address smoking and cannabis usage. Explore various message and size options online, then customize your signs by selecting font and color options. Don’t see what you want? You can create your own message right on our website, preview, and purchase, right from the convenience of your desktop or mobile device. Once you have your signs, position them at your front entrance, front desk, on the veranda, or wherever else is needed to ensure guests get the message.
While you may operate in a 420-friendly state and may pride yourselves on being a friendly establishment, unfortunately, you may not be able to extend the courtesy of smoking cannabis on your premises.
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