Renting, Tenancies and Cannabis: Where You Stand in NZ

Renters often ask a question with no neat answer: can my landlord stop me using cannabis in my own rented home? Between tenancy law, illegal-drug rules and an individual lease's smoking clauses, the picture is layered. Here's a practical guide for New Zealand tenants.

Information and education, not legal advice. Tenancy disputes are fact-specific. Tenancy Services and Community Law can help with your situation. 18+.

Start with the obvious: recreational cannabis is illegal

Before any tenancy nuance, the baseline applies: recreational cannabis is illegal in New Zealand. Using, possessing, growing or supplying it is an offence regardless of where you live. A tenancy agreement can't make an illegal activity legal, and a landlord can't authorise it.

So a tenant growing cannabis in a rental is not only committing a criminal offence — it can also breach the tenancy (damage, unlawful use of the premises) and give a landlord grounds to act. This is the clearest-cut situation: don't grow in a rental.

Smoking clauses: a landlord can restrict smoking

Many modern tenancy agreements contain a no-smoking clause. This is generally lawful — a landlord can require that no smoking of anything (tobacco or cannabis) takes place inside the premises, to protect the property from smoke damage and odour. A no-smoking clause is about the act of smoking indoors, not specifically about cannabis, and it's enforceable as a term of the tenancy.

If you smoke (tobacco or cannabis) inside in breach of such a clause and it causes damage or a problem, the landlord can take the usual tenancy steps — a breach notice and, in serious cases, an application to the Tenancy Tribunal.

What does a medical prescription change?

A medical cannabis prescription makes your use of that medicine lawful — but it does not override a legitimate term of your tenancy or give you a right to damage the property.

Two threads to separate:

• Your right to use a prescribed medicine. Being a lawful patient is relevant and shouldn't, on its own, be treated as misconduct. Oils, capsules and other non-smoked formats sidestep any "smoking indoors" clause entirely — which is one reason many patients use them.
• The property's protection. A no-smoking clause can still apply to how you consume. A landlord can reasonably say "no smoking inside," and a patient can comply by using a non-combusted format or smoking outside where permitted.

In other words, a prescription protects the medicine, not necessarily smoking it indoors against a valid clause. If you're a patient renting, non-smoked formats are the path of least friction.

A landlord's rights and limits

• Quiet enjoyment. Tenants have a right to "quiet enjoyment" of the property. A landlord can't enter at will or harass a tenant over lawful private conduct.
• Reasonable conditions. Landlords can impose reasonable terms (like no-smoking-indoors) and enforce them through the proper process.
• No self-help eviction. A landlord cannot simply throw you out. Ending a tenancy must follow the Residential Tenancies Act and, where contested, go through the Tenancy Tribunal.
• Discrimination. Human-rights protections exist; a tenant shouldn't be treated unlawfully because of a disability they medicate. If you feel a decision crosses into discrimination, get advice.

Boarding houses, flatmates and shared living

In shared flats, your flatmates' comfort and any head-tenant arrangements matter too. In boarding houses, there are specific rules and house policies. And remember that illegal use can affect everyone on a lease, not just you. Communication and consideration go a long way.

Practical tips for tenants

• Read the smoking clause in your agreement before you sign.
• If you're a patient, prefer non-smoked formats indoors, or smoke outside where allowed.
• Never grow in a rental — it's illegal and a tenancy breach.
• Keep your prescription documentation handy in case use is ever questioned.
• If a dispute arises, contact Tenancy Services or Community Law before things escalate.

Frequently asked questions

Can my landlord ban cannabis use entirely? Recreational use is already illegal everywhere. For prescribed use, a landlord can enforce a valid no-smoking-indoors clause, but can't treat lawful medicine use itself as misconduct.

Can I be evicted for using prescribed cannabis? Not for lawful, considerate use that doesn't breach your tenancy. Eviction must follow the proper process and have valid grounds.

Can I smoke cannabis inside if I have a script? Not if your agreement has a no-smoking clause. Use a non-smoked format or smoke outside where permitted.

Can I grow my own with a prescription? No. Home cultivation is illegal regardless of medical status, and breaches your tenancy.

Sources

• Residential Tenancies Act 1986 (quiet enjoyment, breaches, ending a tenancy) (accessed 2026-06-15)
• Tenancy Services (Te Tūāpapa Kura Kāinga / MBIE) — tenant and landlord rights, smoking clauses (accessed 2026-06-15)
• Community Law — renting and your rights (accessed 2026-06-15)
• Ministry of Health — medicinal cannabis and patient use (accessed 2026-06-15)

Information and education, not legal advice. Contact Tenancy Services or Community Law for your situation. 18+.