Does Vaporizing Marijuana with a Pax Device Violate Your No Smoking Lease Agreement?

Landlords and tenants often debate the nuances of no smoking lease agreements. While many agreements clearly prohibit smoking, marijuana vaporizers like the Pax device represent a gray area. This article discusses the relevance of vaporizing marijuana with a Pax device in the context of a no smoking lease agreement and offers advice on navigating such situations.

Understanding the Lease Agreement

The clause in question typically states: “The term ‘smoking’ shall refer to the possession of any LIGHTED cigarette, cigar, pipe, or similarly-used article, whether or not containing tobacco.” This definition is crucial because it directly addresses how the term “smoking” is interpreted by the landlord.

Clarifying the Definition of Smoking

Does 'Vaporizing' Violate the Clause?
Some experts argue that as long as there is no combustion, vaporizing marijuana falls into a loophole. Since vaporizers do not use fire to heat the substance, they may not technically qualify as smoking under the lease agreement. However, it's important to approach this cautiously.

Considerations for Vaping:
1. No Combustion, No Smoke: Vaporizers generate vapor without combustion, which means there is no visible smoke. This could be an advantage in terms of avoiding a direct violation of the lease agreement.

2. Smell: While there may be no smoke, vaporizers can still produce a smell. Different types of marijuana products yield different smells. Distillate tends to have a minimal odor, while live resin may be more noticeable. Dried flower is often quite pungent even when vaporized. It's advisable to be cautious around neighbors who might be sensitive to such odors.

3. Health Considerations: Vaporizing is generally considered less harmful than smoking. However, the smell can still present issues that might strain your relationship with roommates or neighbors.

The Safety Net: Consulting Your Landlord

Seek Clarification:
To fully understand your obligations, it's crucial to consult your landlord. Landlords may have specific policies regarding vaporizers, and they can provide clear guidance on what is and is not permitted in the lease.

Lease Agreement Compliance

Even if vaporizing may not technically be smoking, it's always wise to verify with your landlord. Landlords often have a list of allowable activities, and vaporizing may fall under their prohibited list. If in doubt, it's better to play it safe and avoid potentially controversial situations.

Conclusion

The lease agreement is a legal document meant to protect both you and your landlord. While some vaporizers may fall into a loophole, there are risks involved with any activity that could contradict the terms of your agreement. It's always best to seek clarification and ensure compliance to avoid any legal or financial complications.

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