Legal Question in Business Law in United States

I am a manager for an independent record label. I recently stayed at an extended stay america hotel, sharing a room with my main artist. We rented a smoking room but am currently being charged $250.00 as a "smoking fee". The hotel manager says that because she found marijuana crumbs in the trash can, she claims someone smoked it in the room. My artist has a medical card and, therefore (since we are in San Jose, Ca), he is legally allowed to have his medicine. After contacting the manager of the hotel multiple times I have been unable to fully discuss why I am being charged as she quickly has hungup the phone and refused to talk to me.


Asked on 6/20/16, 10:59 am

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Your client's medical marijuana card means only that her would not commit a crime under California law by using marijuana (within certain limits). It does not mean he is free to do so wherever he wants. If the room you and he were in smells of marijuana because he smoked it there, then the hotel needs to do something about the order and the $250 fee may be proper. I would need to see the terms of your contract with the hotel before I could say is it is. The answer could be very different if your client merely left some "crumbs" without actually smoking in the room. Either way, it will depend on details you haven't provided.

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Answered on 6/20/16, 4:43 pm


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