Q&A: Must a landlord allow a tenant's use of medical marijuana?

Real Estate Agent with Barcode Properties BRE # 01828994


Must a landlord reasonably accommodate a tenant's use of medical marijuana or allow a tenant to use it inside the rental unit? Is it a discrimination and against fair housing law, if the landlord refuses?


Even, according to Proposition 64 it is ''legal'' for adults to use marijuana in California, a lease agreement will likely have  a ''no smoking'' clause that prohibits smoking of any substance, whether it is tobacco or marijuana. Proposition 64 specifically provides that landlords may prohibit or restrict cannabis use on the property. 

Also remember, that under federal law, marijuana is a scdedue 1 drug with no accepted medical use. Furthermore, the user of illegal drugs will not be considered an individual with disability under the Americans with Disabilites Act. Thus, the landlords have the right to prohibit the use of medical marijuana inside the rental unit or ask the tenants to move out, if they find out that the tenants smoke weed inside despite the lease agreement signed terms. 


My kind advice for Angelenos with medical need for weed: be respectful to your Landlord and neighbors. Keep your rental home smoke free and clean. 

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Real Estate Industry
california weed at rental properity
marijuana use inside of rental unit
medical use of week for rental home
can i smoke week inside my rental
can i ask my landlord to let me smoke weed
my rental rights in los angeles if i smoke

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Endre Barath, Jr.
Berkshire Hathaway HomeServices - Beverly Hills, CA
Realtor - Los Angeles Home Sales 310.486.1002

Excellent Post to clarify Landlord's and Tenant's rights...just to be clear I have a problem when I am in traffic and people are smoking Marijuana there is an issue of being impaired... now I am not allowed and would not consider drinking Champagne while driving why allow Marijuana to be OK while driving?? Endre

Apr 02, 2018 07:10 PM #2
Jeff Dowler, CRS
Solutions Real Estate - Carlsbad, CA
The Southern California Relocation Dude - Carlsbad

Hi Inna

This is helpful information for agents, landlords, and potential tenants. No doubt there is a lot of confusion about what is legal and permitted and what is not.


Apr 02, 2018 07:11 PM #3
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker

Good morning Inna. I see some frivilous lawsuits coming in your state. Enjoy your day!

Apr 03, 2018 04:53 AM #4
Sheila Anderson
Referral Group Incorporated - East Brunswick, NJ
The Real Estate Whisperer Who Listens 732-715-1133

Good morning Inna. This is something I would never have thought of or about. Good post.

Apr 03, 2018 06:33 AM #5
Jeffrey DiMuria 321.223.6253 Waves Realty
Waves Realty - Melbourne, FL
Florida Space Coast Homes

This is very interesting Inna Ivchenko I wonder how this would stand up in California courts?

Apr 03, 2018 10:12 AM #6
Michael Jacobs
Coldwell Banker Residential Brokerage - Pasadena, CA
Los Angeles Pasadena Area Real Estate 818.516.4393

Hi Inna - these are interesting times indeed. Thank you for the post and I hope you and your family are doing well.

Apr 04, 2018 03:20 AM #7
Grant Schneider
Performance Development Strategies - Armonk, NY
Your Coach Helping You Create Successful Outcomes

Good morning Inna - yes I certainly know that to be true with the ADA and see that California does not prevent landlords from excluding it.

Apr 04, 2018 08:29 AM #8
Georgie Hunter R(S) 58089
Hawai'i Life Real Estate Brokers - Haiku, HI
Maui Real Estate sales and lifestyle info

There's more than one way to ingest marijuana, and edibles are ok to consume without upsetting a landlord.

Apr 04, 2018 07:05 PM #9
Debbie Reynolds
Platinum Properties - Clarksville, TN
Your Dedicated Clarksville TN Real Estate Agent

Just had a listing when the seller said the tenant smoked weed in the garage. It is illegal in TN but the seller was angry because there was to be no smoking at all on the premises and now the garage smells.

Apr 11, 2018 07:47 PM #10
Lisa Von Domek
Lisa Von Domek Team - Dallas, TX
....Experience Isn't Expensive.... It's Priceless!

Very interesting Inna Ivchenko but since California seems to ignore Federal Law on most issues, I wonder how the lawsuits (that will come) on this matter will play out!

Apr 11, 2018 07:47 PM #11
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

Thanks, Inna.  This is very interesting information and something we will soon have to deal with here in Florida.

Apr 12, 2018 05:15 AM #12
Debb Janes EcoBroker and Bernie Stea JD
ViewHomes of Clark County - Nature As Neighbors - Camas, WA
REALTORS® in Clark County, WA

My Denver daughter used to live in an apartment complex with some heavy pot smokers nearby...they'd sit on their deck for hours in the evening and the smoke was thick. We couldn't keep the windows open. :) 

Your advice is spot on - and Georgie Hunter brings up a good point. Marijuana is legal here too - and I know edibles are a big deal. D 

Apr 12, 2018 07:32 AM #13
Bill Carroll
The Corcoran Group Real Estate Co. - Westhampton, NY

Great article very useful info here, thanks!

Apr 16, 2018 02:52 PM #14
Michelle Carr-Crowe-Top 1% Diamond Certified Real Estate Team Sells Cupertino San Jose Homes-Just Call 408-252-8900
Get Results Team...Just Call (408) 252-8900! - San Jose, CA
Family Helping Families Buy & Sell Homes 40+ Years

Thank you for sharing about this issue, Inna, I'm sure lawsuits are ahead in California.

Apr 16, 2018 03:16 PM #15
Bob "RealMan" Timm
Alliance Real Estate - Minot - Minot, ND
Bob Timm, Broker Associate, Alliance Real Estate

This is a GREAT post Inna Ivchenko . I'm sure more will develope through the courts as liberal judges will force landlords into letting renters smoke pot in their homes.

Apr 16, 2018 03:24 PM #16
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • Green • GRI • HAFA • PSC Los Angeles CA

Thank you so much for stopping by and your comments! 


To stay within the law, you'll need to consume cannabison private property. "You cannot consume, smoke, eat, or vape cannabis in public places," according to the state Department of Public Health's website. 

Apr 16, 2018 10:06 PM #17
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • Green • GRI • HAFA • PSC Los Angeles CA

Few other facts about CA pot: 

1. What are the rules for buying recreational marijuana? The law permits adults 21 and up to buy 1 ounce of cannabis per day, which is enough material to fill a few dozen joints. You can alternately purchase up to 8 grams of cannabis concentrates found in marijuana edibles such as candies, brownies and breakfast bars.

2. The law makes it illegal to sell pot between 10 p.m. and 6 a.m.

3. Another California law that went into effect Jan. 1 bans lighting up or snacking on any marijuana products while driving or riding as a passenger in a car. That includes cannabis edibles.  The new law also regulates how and where consumers can store marijuana while in a car, similar to the state's open alcohol container rules.  "It has to be sealed in a container. The seal cannot be broken. And if it is in an open container, it would have to be locked away in a place like the trunk," California Highway Patrol Sgt. Oscar Chavez told Capital Public Radio in December 2017.  Violations of that new law are considered infractions and punishable by a $70 fine.


4. You cannot consume or possess cannabis on federal lands such as national parks, even if the park is in California.  It is illegal to take cannabis across state lines, even if you are traveling to another state where cannabis is legal.  

Apr 16, 2018 10:12 PM #18
Jeff Perlis Prime Properties
Prime Properties - Lake Arrowhead, CA
Experience Your Own Transformation!

Great information for anyone who is  a landlord and/or a property manager.

Apr 16, 2018 10:19 PM #19
Lesley Wilson-VanGoethem
Innovative Realty Solutions Group - Winter Springs, FL
Residential Real Estate Broker Associate

Will be intersting,,
Have heard that everyone should put a no smoking od any substance policy into effect for all units now, and not wait.

Apr 17, 2018 06:23 AM #20
Patricia Feager
Selling Homes Changing Lives

Inna Ivchenko - As a licensee in CA you must know what the laws are in reference to marijuana. While many people are confused and ignorant of the law; others ignore what the law says, it's your job to know what is and what is not expected. You provided excellent current information. With a State that relies on many rental homes it's important that all prospective tenants and potential Sellers know the law and that the Agent stays out of trouble.

Excellent post with great information!!! I don't understand why AR Staff hasn't featured it yet. Even though it isn't legal in TX, I have had several Sellers move to CA and they need to know this too.  

Apr 19, 2018 05:40 AM #21
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