The podcast episode arrived at a tumultuous moment for Tesla and Musk.
"I mean, it's legal, right?" inquired a hesitant Musk.
Musk spoke to Rogan for more than two-and-a-half hours, in the latter stages of which the presenter offered Tesla's CEO a drag on the joint, which was rolled with tobacco.
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Current and former members of President Donald Trump's Cabinet are pictured in this Oval Office photo taken on March 13, 2017. Trump had condemned the op-ed nearly as soon as it was published, in person and on Twitter . " Anonymous , meaning gutless .
According to the lawsuit, filed on Thursday in San Francisco federal court, false and misleading information, issued by Musk, harmed short-sellers and those believing Tesla's stock price would rise.
"I hope I didn't weird you out and I hope you didn't get mad that we smoked weed", Rogan told Musk, wrapping things up.
Philippe Houchois, an analyst at Jefferies Group with a hold rating on Tesla shares, said that Musk "seems to be on a slightly self-destructive bent".
Shares of the company fell almost 9 percent - the most in two years.
In another sign of trouble for Tesla, the company's chief accounting officer resigned Tuesday after only one month in the role, saying the level of scrutiny on the company had made him reconsider the job.
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"I'm not a regular smoker of weed", Musk said.
Marijuana consumption is legal in the state of California, where the podcast was hosted.
"I have a lot on my plate", Musk said. When asked if he'd ever had one, Musk replied that he thought he'd had one once.
He said: "I think the future in where we are a space-faring civilisation out there among the stars, that is very exciting". Yet the incident could revive questions about whether Musk is the right person to lead Tesla.
"Am considering taking Tesla private at $420".
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Musk already alarmed some Tesla investors by admitting in an emotional interview last month with The New York Times that he takes the prescription drug Ambien because he has difficulty sleeping.