State Laws Addressing Radon, Mold and Secondhand Smoke
Minnesota
Minnesota’s Clean Indoor Air Act prohibits smoking in public places and provides for enforcement by the state health agency.
Ban on smoking. The Act prohibits smoking in all public places, places of employment, at public meetings, and in public transportation. Minnesota Statutes § 144.414(1) . The Act defines “public places” to include indoor, enclosed “common areas of rental apartment buildings.” Minn. Stat. §144.413(2).
The law does not prohibit smoking within individual rental units and thus does not protect against smoke entering one apartment from another.
Enforcement. Under the Act, an owner or operator who knowingly fails to comply with the Act is guilty of a petty misdemeanor, as is a person who smokes in an area where smoking is prohibited. The state commissioner of health, a board of health, or any affected party may institute a court action to enjoin repeated violations. Minn. Stat. §144.417.
A separate law (Mn. Stat. 342.56) prohibits, effective March 1, 2025, the "vaporizing or smoking of cannabis flower, cannabis products, artificially derived cannabinoids, or hemp-derived consumer products" in multifamily residential buildings, except for "the use of medical cannabis flower or medical cannabinoid products." Violations are punishable by a civil fine.