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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Inna Ivchenko
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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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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
Nina Hollander
RE/MAX Executive | Charlotte, NC - Charlotte, NC
Your Charlotte/Ballantyne/Waxhaw/Fort Mill Realtor

An interesting question, Inna... and I must say not one I ever gave any thought to. I suppose on some level this will go the way of defining the way they do with service animals... 

Apr 24, 2018 04:13 AM #22
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

Interesting subject for all of us to learn from.  We have it legal here in Denver and I was just in a grow barn the other day to look at a listing.


Apr 25, 2018 08:55 AM #23
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

They can just use edibles which are smokeless, and tell no one. As long as the lease clearly states no use of illegal substances, if they get caught it's a breach. But unless they accidentally take too much like these cops . . . LOL

May 04, 2018 07:47 AM #24
Theresa Hus
RealEstateAgent.com - Hollywood, FL
The Official Real Estate Agent Directory

Thought-provoking subject! Like Georgie Hunter said, a good compromise on both parts would be the edible route.

May 04, 2018 07:50 AM #25
Elizabeth Weintraub Sacramento Real Estate Agent, Top 1% of Lyon Agents
Lyon Real Estate - Sacramento, CA
Put 40 years of experience to work for you

Yet another reason to buy your own home in California.

May 04, 2018 09:11 AM #26
Wayne and Jean Marie Zuhl
Samsel & Associates - Clark, NJ
The Last Names You'll Ever Need in Real Estate

Very interesting. We haven't had to deal with this particular question yet, but I'm sure it's coming!

May 06, 2018 06:16 AM #27
Curtis Van Carter
Better Homes & Gardens Wine Country Group - Yountville, CA
Your Napa Valley Broker Extraordinaire


This is just one of many questions the legalization of mj poses. I wonder were it all will end, cheers cvc

May 06, 2018 07:00 AM #28
Debe Maxwell, CRS
www.AtHomesCharlotte.com | The Maxwell House Group | RE/MAX Executive | (704) 491-3310 - Charlotte, NC
Charlotte Homes for Sale - Charlotte Neighborhoods

Hi Inna!

I don't understand the thoughts from tenants that 'smoking' marijuana is the only way to consume it for medicinal purposes. In fact, the edibles are better for that use now. 

Thankfully we haven't had to deal with that in NC...yet! But, I certainly don't want anyone smoking in my rentals - for any reason whatsoever!

May 07, 2018 07:12 AM #29
Robert Hammerstein
Keller Williams Valley Realty - Hillsdale, NJ
Bergen County NJ Real Estate

I've been thinking about this very issue lately as NJ is about to make it legal here soon. Thanks for sharing this Inna Ivchenko 

May 07, 2018 11:22 AM #30
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • Green • GRI • HAFA • PSC Los Angeles CA

On April 20, many Americans who smoke marijuana will consume their pot legally in celebration of "420," an unofficial marijuana holiday.

May 08, 2018 10:19 AM #31
Grant Schneider
Performance Development Strategies - Armonk, NY
Your Coach Helping You Create Successful Outcomes

Good morning Inna - this questions comes up all the time in working with my companies.  You have it easily resolve, some employment situations not so much so.

May 12, 2018 07:42 AM #32
Robert Vegas Bob Swetz
Realty ONE Group - Las Vegas, NV
Las Vegas Henderson Homes for Sale

Hello Inna,

Great post, great information and it might be different from state to state, I don't know!

But what I do know is the smell of tobacco and marijuana is disgusting, ruins homes inside and I still can't believe it's legal in Cali, AK, CO and other states across the nation.

May 12, 2018 09:45 AM #33
Laura Cerrano
Feng Shui Manhattan Long Island - Locust Valley, NY
Certified Feng Shui Expert, Speaker & Researcher

There’s a lot of gray area still with this particular form of the law. It’ll be interesting to see what will happen.

May 12, 2018 11:55 PM #34
Laura Cerrano
Feng Shui Manhattan Long Island - Locust Valley, NY
Certified Feng Shui Expert, Speaker & Researcher

I hope you’re doing well Vegas Bob, it’s been a while! It’s always good to see you here!

May 12, 2018 11:55 PM #35
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • Green • GRI • HAFA • PSC Los Angeles CA

''Conflicting marijuana laws at the federal, state, and local levels have created uncharted legal territory across numerous areas of law including landlord-tenant law. '' read more here.

May 12, 2018 11:58 PM #36
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