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8/5/2011

CBA CLE Legal Connection: So Your Hotel Guest Is Permitted To Use Medical Marijuana

Business Associate Amy Bellman published “So Your Hotel Guest Is Permitted To Use Medical Marijuana . . .” on August 5, 2011, in CBA CLE Legal Connection. Bellman’s article originally appeared on Baker Hostetler’s Hospitality Lawg®, a legal blog focused on the hospitality industry.

For more than ten years, medical marijuana has been legal in Colorado. Bellman suggests that it’s therefore likely that anyone holding a medical marijuana ID card will presume that he or she can smoke medical marijuana on hotel/timeshare resort property. Her article details what a hotel/timeshare operator should consider when faced with this scenario.

Her two main points indicate that, under Colorado law, hotel/timeshare resorts are not required to accommodate a guest’s use of medical marijuana. In fact, Bellman writes, it is unlikely that the DOJ would pursue an Americans with Disabilities Act claim if a hotel/timeshare resort prohibits a guest from smoking medical marijuana.