As the use of prescription cannabis becomes increasingly common in the UK, landlords and housing associations are facing a new legal challenge: how to accommodate tenants who use medical cannabis. Despite cannabis being legal for medicinal use since 2018, many landlords remain unaware of the legal implications of restricting its use in rental properties. According to a new report by the Cannabis Industry Council (CIC), The Use of Prescription Cannabis in Buildings, landlords who fail to provide reasonable accommodations for tenants using prescribed cannabis could be breaching the Equality Act 2010, which protects people with disabilities. This could leave landlords vulnerable to legal action, making it essential for them to rethink their policies on medical cannabis.
Prescription Cannabis and the Equality Act
Under the Equality Act 2010, landlords and housing providers are legally obligated to make “reasonable accommodations” for tenants with disabilities, which includes allowing the use of prescribed medical cannabis. For those with chronic conditions like epilepsy, chronic pain, or multiple sclerosis, cannabis can be a critical part of their treatment. Yet many rental agreements, particularly in social housing and managed properties, include blanket bans on cannabis use without distinguishing between illegal recreational use and lawful medical prescriptions.
The CIC’s report, authored by Mohammad Wasway from PatientsCann UK, makes it clear: housing providers must treat prescription cannabis like any other legally prescribed medication. Refusing or heavily restricting its use could be considered discrimination, as it impedes a disabled tenant’s right to manage their condition. Wasway warns that landlords who do not comply with the law risk facing court action or even being added to the ‘rogue landlord’ database, a reputational risk no housing provider wants to face.
Why Vaporisers Matter in This Debate
One of the key concerns for landlords is how cannabis is consumed. Many landlords fear smoke damage or complaints from other tenants about odors. However, the vast majority of medical cannabis users in the UK consume their prescription via herbal vaporisers. Vaporisers work by heating cannabis without combustion, producing vapour rather than smoke, thus avoiding many of the concerns landlords associate with traditional smoking.
The CIC report makes a clear distinction between the use of medical cannabis vaporisers and recreational vaping or smoking. Herbal vaporisers are considered medical devices and are treated differently under the law from recreational smoking methods. The report highlights that vaporisers emit little to no odor when used responsibly and can be discreetly consumed in private spaces, especially with good ventilation.
Legal Implications for Landlords
The CIC report outlines the legal obligations for housing providers when it comes to accommodating medical cannabis users. According to the report, landlords and property managers should review rental agreements to ensure they are not inadvertently violating the Equality Act. Clauses that ban cannabis use outright may need to be reconsidered, particularly if they prevent tenants from using prescribed medication within the privacy of their homes.
Elisabetta Faenza, Chair of the CIC Standards Working Group, points out that the failure to accommodate medical cannabis users could lead to significant legal consequences. “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 explains.
The legal risks extend beyond lawsuits: non-compliant landlords may also face financial penalties, reputational damage, and a strained relationship with tenants. Therefore, ensuring compliance with the Equality Act is crucial, not just from a legal standpoint but as part of maintaining good tenant relationships and upholding ethical standards.
What Should Landlords Do to Stay Compliant?
The report provides several actionable recommendations for landlords to ensure they are compliant with the Equality Act and avoid the risks of litigation:
- Update Rental Agreements: Review and amend any clauses that outright ban the use of cannabis without distinguishing between medical prescriptions and recreational use. Make sure to include provisions for the legal use of prescribed cannabis, particularly in relation to its consumption using vaporisers.
- Allow Reasonable Adjustments: If a tenant presents a valid prescription for medical cannabis, landlords must allow them to use it within their private space. Denying this could lead to accusations of discrimination under the Equality Act.
- Ensure Privacy and Confidentiality: Tenants are under no obligation 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 can help prevent misunderstandings and ensure that staff members are equipped to handle any issues related to medical cannabis use.
By following these steps, landlords can not only avoid potential legal pitfalls but also create 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 UK patients receiving prescriptions has steadily grown. According to the CIC report, over 45,000 patients now have access to medical cannabis, with this number expected continue to rise as we near the end of 2024 . With the number of prescriptions increasing, it’s more important than ever for housing providers to be prepared.
Landlords who are proactive about adjusting their policies to accommodate these patients will not only avoid legal issues but will also contribute to a more progressive and fair housing environment. Understanding that medical cannabis use is not the same as recreational use is a key part of this transition.
A New Landscape for Property Management
The conversation around prescription cannabis is not just a legal one – it’s part of a broader cultural shift in how society views disability, health, and tenant rights. As more people rely on cannabis to manage serious medical conditions, landlords must be ready to support these needs in a way that is fair, legal, and compassionate.
For landlords, the message is clear: adapt your policies to align with the law, accommodate tenants with medical needs, and treat prescription cannabis like any other medical treatment. By doing so, housing providers can stay on the right side of the law, avoid legal challenges, and help create a more inclusive housing market.