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

Reblogger Michelle Carr-Crowe-Top 1% Diamond Certified Real Estate Team Sells Cupertino San Jose Homes-Just Call 408-252-8900
Real Estate Agent with Get Results Team...Just Call (408) 252-8900! CalBRE# 00901962 Lic.1985
http://activerain.com/droplet/5bPC

Inna here shares important information for California landlords and tenants on the issue of smoking marijuana. Most of my landlord clients already stipulate "No smoking" as a requirement for renting. For people who medically need the THC or CBC in marijuana, there are other alternatives including edibles and topicals. Smoking forces others to receive these chemicals against their will.

Original content by Inna Ivchenko 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. 

This Active Rain post is created by Inna Ivchenko.

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 Inna Ivchenko Realtor                                              

Inna Ivchenko
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Rainmaker
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Bob "RealMan" Timm
Alliance Real Estate - Minot - Minot, ND
Bob Timm, Broker Associate, Alliance Real Estate

Thank you for re-blogging this post Michelle Carr-Crowe-Top 1% Diamond Certified Real Estate Team Sells Cupertino San Jose Homes-Just Call 408-252-8900 It'd good information and timely for us in ND as we have passed laws now allowing for medical pot but the laws have not taken effect yet.

Apr 16, 2018 03:30 PM #1
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Michelle Carr-Crowe-Top 1% Diamond Certified Real Estate Team Sells Cupertino San Jose Homes-Just Call 408-252-8900
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Now that California allows both medicinal and recreational pot use, it's more likely to become an issue.

Apr 16, 2018 08:40 PM #2
Rainer
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Jeff Perlis Prime Properties
Prime Properties - Lake Arrowhead, CA
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Great information for anyone who is  a landlord and/or a property manager.

Apr 16, 2018 10:19 PM #3
Rainmaker
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Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • Green • GRI • HAFA • PSC Los Angeles CA

Michelle,

thanks for the reblog of this post! 

I appreciate it a lot. 

Apr 16, 2018 10:32 PM #4
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