Any Rights to Medicate in Hotel Room ?

I had stayed in 4-star downtown hotel over my birthday weekend. I brought my red card with me and intended to find a nearby park to medicate in. Other advice then lead me to believe medicating privately in my hotel room would be more considerate and not violating any laws. However, it does violate the hotel's no smoking policy, and subsequently I was charged $200 for violating that policy. I did not get angry and only remarked "I felt my patients rights permitted me to medicate privately as best I see fit and that I should not face subsequent punishment by additional fees, or be treated any differently at all than your other guests, even if it is in violation of your policy, as patients rights have a greater precedent." However, they did not agree with that perspective, which is their right, and charged my credit card the additional $200.

Now if I pursue this further, how should I best proceed? Should I contact their corporate office and see if they agree with my point of view and reverse the charges?

I also am uncertain if there are indeed legal rights for medical marijuana patients to rightfully medicate in their hotel room. Is this something that a civil case would have to dispute? That would be a big problem for me, as I don't have the time and money to invest in that, but would want to set the precedent for all other patients and make it clear one way or the other if medicating through inhalation (smoking, or vaporizing) is a patients right over a hotels policy.

So now I am seeking the communities thoughts, advice and comments. Thanks

regardless of medication and medicating in your room smoking is smoking and they probably have you on this one....just my personal opinion tho. :rastasmoke:

I understand that perspective, and I suppose that is why I am reluctant to spend any further time trying to reverse the charges. But my drive is for patients like me that don't dare risk losing their MMJ license (so won't medicate in a park for example), and must medicate on a regular schedule for the pain-reducing qualities to be effective, this is a circumstance in which smoking in the room can't be avoided else they must suffer with what is sually chronic or debillitating pain, so for this condition of no fault or control of one's own, I don't feel one should be rightfully fined for this occurance. For patients like me, edibles are not an effective means of managing pain, while smoking is reliable, effective and easy to measure (or predict) its effects. But they also have a right to enforce no-smoking in their hotel, so their right as personal property owners may bbe greater than my rights to medicate on a portion of their property I am renting for a night.

Were you staying in a hi-rise w/ no windows?

W/ windows, just blow the smoke outside.

W/O windows, I would go outside somewhere secluded but obviously you were not comfortable doing this. If it was a nice hotel the venting system could work for you if you sent the smoke into the intake. You should also have sprayed the room w/ the many suitable ez products that work for this. When smoking in a enclosed hotel room, you should also blow the fans full max. You must have left quite the trail for them to find out and fine you. Maybe you smoke like Cheech & Chong.....I dunno. Did you at least try to eliminate your smoking odors?

I don't know what evidence they have, perhaps only the ashes I may not have washed completly down the sink or I left some herb on the counter perhaps. I don't think they smelled it, but I could be mistaken.

I smoked in the bathroom with the shower on full heat so the steam and smoke would combine and be carried out the exhaust in the bathroom. In either case I can't dispute that I was smoking in the room, I really don't know how they determined that though. I left my stuff in the room while I went out, maybe someone was actually in my room and saw it in the drawaer...I think that is unlikly though.

I'm nearly certain that the law only allows you to medicate in your own home, outside the view of others.

As I understand it, I can't even smoke on my porch or in my garage if I am in plain view of others.

It seems difficult to translate that into your hotel room being your temporary 'home'. Although, I've always smoked pot in non-smoking hotel rooms, and I've been respectful and never had problems.

Good luck.

it's their property and their policy.

it would be nice to have places where it is okay to medicate.

If a coffee shop decided to allow medical smoking, could it? If they weren't a dispensary?

Is that place in Breck still open?

Dispute the charge on your credit card, deny deny deny.

Get a smoking room ?

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Originally Posted by SoCoMMJ

Get a smoking room ?

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There's a thought the days in in co springs was fine with me smoking big stinkin blunts in there smoking rooms the manager knocked on my door mad as hell I showed her my doctors Rec and she was like that's cool damn that weed looks good....lol

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Originally Posted by Zedleppelin

Dispute the charge on your credit card, deny deny deny.

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Yep. Make them prove it.

In a more general sense, could it be argued that vaporizing is not 'smoking' as there is no combustion involved? They could be seen as distinct modes of ingestion, especially from a medical point of view.

I've burned incense in non smoking hotel rooms (even a clean hotel room still smells like a hotel room :wtf: ) Is burning incense 'smoking'? To me the phrase implies consumption of a plant.

I agree with the dispute it with your credit card company. all you have to do is deny it. let them go to small claims court with you, it is a civil matter, by denying the charge you are calling it fraud, let them get you into court, i.e. not going to happen and claim damage, breach of contract, i.e. your short term rental agreement....good luck, let us know

Are you people crazy or just crazy unethical? DryEye voluntarily agreed to abide their services contract which included the smoking fee. What possible defense could he have against paying the charge he both agreed to when he rented the room, and admits to incurring?? Just because you CAN steal, doesn't make it right.

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Originally Posted by 5280and420

Are you people crazy or just crazy unethical? DryEye voluntarily agreed to abide their services contract which included the smoking fee. What possible defense could he have against paying the charge he both agreed to when he rented the room, and admits to incurring?? Just because you CAN steal, doesn't make it right.

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Stealing? Who's stealing from whom here?

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Originally Posted by Zedleppelin

Stealing? Who's stealing from whom here?

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It's certainly what you're advocating:

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Originally Posted by DryEye

However, it does violate the hotel's no smoking policy, and subsequently I was charged $200 for violating that policy.

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Originally Posted by Zedleppelin

Dispute the charge on your credit card, deny deny deny.

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as dryeye's fantasy attorney, I am not advocating stealing, only allowing the 4 star hotel to prove their real damages in a court of law. the small claims court system is the venue for this issue to have a full and adequate hearing of the facts. I feel after years of court hours that smoking is tobacco related. the hotel is at fault for not specifically mentioning marijuana as smoking in their contract. the 200 dollars is not in line with breach. he should deny it, call the corporate office and offer them 50 dollars. as a matter of fact, i would advise he deny the charge and send them a check for 50 dollars with notation in the checks item box on the lower left of the check.."settlement for smoking" with the date of the smoking...if they cash it,its a done deal.....

BTW 5280and420, you have been removed from my christmas card list...sorry

Recall, some months ago the thread on rentals and growers. The same legal principles apply here. You can smoke pot in Colorado, but not in your landlord's living room without his permission. Pay your fine and next time ask for a smoking room if you plan to smoke at the hotel. Most hotels have a few rooms they set aside for guests who smoke.

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Originally Posted by denverbear

regardless of medication and medicating in your room smoking is smoking and they probably have you on this one....just my personal opinion tho. :rastasmoke:

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I agree. Don't think they have a problem with you medicating just your choice of delivery. Portable vaporizer or tincture would fix the problem. Or specifically ask for a Smoking room. I've stayed at hotels all over the place, and those that charge for smoking in a non-smoking room usually have all the proper signage so that charge is plain and clear. Honestly you could of easily called down to the Front Desk as asked for a room change or one with a balcony. Sorry for the charge but I think it's going to be one of those "live & learn" lessons.

Of course you could deny the charge and ask for them to prove it, but it also sounds as if you may have already admitted to smoking (regards of what you were smoking).

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Originally Posted by 5280and420

It's certainly what you're advocating:

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steal (stl)
v. stole (stl), sto·len (stln), steal·ing, steals
v.tr.
1. To take (the property of another) without right or permission.


Once again, who is the one stealing?

BTW, how many screen names do you have?

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Originally Posted by mchud11

I agree with the dispute it with your credit card company. all you have to do is deny it. let them go to small claims court with you, it is a civil matter, by denying the charge you are calling it fraud, let them get you into court, i.e. not going to happen and claim damage, breach of contract, i.e. your short term rental agreement....good luck, let us know

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seems simple to me

I found myself in the same situation, only they nailed me for $250.00!!! I did the same as you. Smoked in the bathroom, hot shower running, etc.

But I decided that it is their hotel, and they have the policy, signed by me to back it up from when I checked in. And if they can smell or prove I was smoking anything in their room then you have two options. Deny and risk them having proof, or take the hit and pay. I paid in the name of honesty, and keeping a low profile.

Next time I will take that cash and buy a portable vaporizer, then I can honestly say I was not smoking in the room.

Please do let us know what happens.....
:vap_smiley:

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Originally Posted by McLuvin

I paid in the name of honesty

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Karma, baby :thumbsup:

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Next time I will take that cash and buy a portable vaporizer, then I can honestly say I was not smoking in the room.

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Great idea! :vap_smiley:

I guess I am just a dumb old 57 year, was thinking my six years of college and having worked in the paralegal field was relevant. But I was wrong, its all Karma, sorry mom that 75 thousand dollar education went to waste, I didn't develop my Karma.

After re-locate to Colorado in a few weeks, get my state DL, a residence, a recommendation and fill out my state registry application, gosh I don't have to wait 35 days to get some decent meds for my migraines, no I will rely on Karma to get me past the front door.

Thank God, I have a back plan with my pixie dust and an eye lash from a Unicorn...

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I guess I am just a dumb old 57 year...

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Yup, got that right.

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Originally Posted by mchud11

I guess I am just a dumb old 57 year, was thinking my six years of college and having worked in the paralegal field was relevant. But I was wrong, its all Karma, sorry mom that 75 thousand dollar education went to waste, I didn't develop my Karma.

After re-locate to Colorado in a few weeks, get my state DL, a residence, a recommendation and fill out my state registry application, gosh I don't have to wait 35 days to get some decent meds for my migraines, no I will rely on Karma to get me past the front door.

Thank God, I have a back plan with my pixie dust and an eye lash from a Unicorn...

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A college education does not make you smart. I respect your hard work and back ground, but if you have not figured out that what comes around goes around then you have a lot to learn. Just because you can get away with something doesn't make it right. I guess you missed the ethics class that day...

BTW. You can get meds as soon as you send your paperwork in. You just need a copy of your paperwork and the proof of sending it in certified.
And just think I was able to figure that out without one law class.

Four years of collage. = $75,000.00
The ability to read and figure shit out for yourself. = Priceless

Maybe its the hotels karma by getting taken to court or getting a chargeback from their credit card processor by arbitrarily charging a ridiculous amount of money for smoking. Do you believe you caused $200 worth of damage for taking a few puffs? If the answer is yes then pay it and forget it, if not then its unjust enrichment and I would tell them to go F themselves.

It is unjust enrichment on the hotels part but I did sign a contract saying I would not smoke in the room. They must have found or smelled something for them to bring up the charge. To me it was worth paying for a lesson learned rather then going to court, or explaining to my CC company why I was smoking in the room.

As much as I hate to take the hit for this I guess I just have to do what I feel is right. If that makes me a sucker then so be it. God knows I have been called worse.

What I saw in DryEyes post was that he was upset at the hit to his wallet. The cost to him was expensive. I have not been in that circumstance, I have been in another circumstance that I will relate in a second, anyway,the law is kind of funny, it does have loopholes, a lack of clarity, and cracks or spaces. Although the law is very formal, procedure wise, its not science. DryEyes situation is easy to handle if you look at it from a legal point of view.

Deny it - why is this so hard for some of you. Look, everyone speeds. Everyone. No its not a different subject, we speed and we deny it, like all the time. Oh, thats the speed limit, not a second thought about it. So, first point deny it, you never, never admit guilt, that is our legal system, that applys as well to Dryeyes circumstance. Any Karma guys, want to tell me about their driving Karma, I think not.

Defend it - the charge is not anyway in line with the damages. Maybe even DryEyes did not understand the contract. He saw smoking and thought tobacco. There was no meetings of the minds, so to speak, whoops, no contract...now the question is merely what was the real damage. Whats wrong with the defense just being it is too much money, same thing, yes he agreed to a contract, so what, the damages are out of line. Does anyone think that hotel went in with steam cleaners, pulled off the drapes and dry cleaned them, spent in anyway, two hundred dollars on toxic cleanup? I think not.

So DryEyes says, hell its fraud,I want to see the cleaning bill. Are they going to produce it ? Nah, all DryEyes has to do is call his CC company and say its fraud. deny, deny, deny. If the company feels so strong about the damage to their building, let them prove it in small claims court, they get to bring in the maid, i.e their evidence, show their bills for the cleanup...guess what, they aren't going to come to court, they are not going to serve DryEyes, they are going to blow it off. The law applys here..a contract is more than an agreement, its more basic, its a meeting of the minds, I think DryEyes assumed they were fair when he signed the contract, i.e. the damage part, well he was wrong and there is nothing wrong with confronting that after the fact.

I did say after the fact, the denial, he could call them and offer them 50 bucks.

Anyway that is just me, I did 40 hours of community service for spitting on someone. Yep. My Attorney said, the guy probably deserved it. Like, whatever, I didn't regret it, oh it cost a thousand bucks to the Attorney, so what, the guy deserved it. I still laugh about it.

In short, I stand up for marijuana and marijuana users. I vote, I write nasty letters to politicians for the basic in-equities that exist for marijuana, the crime of possessing an oz of pot in much of this country does not equal the punishment. In Iowa, have any amount of pot and you lose your license. so, you got it ? I say fuck em and their overpriced damages, DryEyes you are not alone in your struggle. Stand up to the man !!

Sorry for being absent from this thread so long, I do have an update:

I contacted the hotel after receiving a paper copy of the bill confirming with valid paperwork that the additional charge was for evidence of smoking in the room. I called again, saying the only evidence could have been tobacco from my grilfriends hand-rolled cigarettes, because she makes a mess rolling them, and that we did not smoke any cigarettes in the room. This time, the very first person I talked to said they would reverse the charges, and it is the hotel's policy to charge the 200 cleanig fee for any evidence of smoking in the room, but will usually reverse it if the customer contests it. And they refunded the $200 to my credit card about a week later.

Congrats!

See DryEye, all you had to do was ask...and only once!

Now go buy some good buds, a bottle of wine, and a fine meal w/ the $ you got back.