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.