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S278’s residential lease changes raise questions over what ‘lighted’ use means
Summary
CCB told lawmakers that sections 30–31 would bar lease clauses that prohibit tenant cannabis possession or use, with carveouts for federally funded properties, and urged lawmakers to define the term "lighted" to clarify whether vaping or electric devices are included.
The Cannabis Control Board advised the committee that proposed sections 30 and 31 would prohibit residential lease terms that bar tenants from possessing or using cannabis in their homes, subject to carveouts where federal law or funding restricts use, and urged clearer statutory language about what counts as "lighted."
Gabe Gilman said the carveout allowing landlords to prohibit "lighted" use makes sense but will be confusing in practice. He noted ambiguity about whether "lighted" refers only to combustion (smoking flower) or would also cover vaping, dabbing or electric heating devices that produce odor or vapor. "You can either heat cannabis flower short of causing it to combust, but smoke comes off it," Gilman said, arguing the Legislature should decide the statutory scope.
The CCB said the provision includes a practical enforcement trade-off: landlords can still restrict 'lighted' consumption but the statute should define the term so tenants and landlords understand their rights and obligations. The committee did not take action on the provision during the session.
