Marijuana Policies for Landlords

With proposition 64, legalizing marijuana, going into effect in 2018, it’s a good time to consider your position on its use in your rental property. Consider prohibiting smoking it in your property, as it, like tobacco, can cause excessive damage to walls, carpets and everything else. 

• Properties with no-smoking provisions should review their lease to ensure their provisions will allow landlords to prohibit or control marijuana use, as well as tobacco and e-cigarettes. (Many smoke free provisions do not address marijuana or e-cigarettes).
• Properties that do not currently prohibit smoking, may want to consider going smoke free, or prohibit marijuana smoking.
• Landlords may wish to add provisions to their leases prohibiting marijuana plants.
• Landlords who choose to prohibit marijuana smoking and cultivation should expect to continue to encounter issues with residents claiming they need to smoke or cultivate marijuana for medical purposes, which raises issues relative to disability-related accommodations.

For assistance with lease provisions or notices of change of terms of tenancies to address these issues, contact Kimball, Tirey & St. John LLP attorney Jamie Sternberg at jamie.sternberg@kts-law.com  or (619)744-0863.

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Text of Applicable Laws:

Information from the California Secretary of State regarding Proposition 64 is available at http://vig.cdn.sos.ca.gov/2016/general/en/pdf/text-proposed-laws.pdf#prop64.

The text of Civil Code 1940.10 is available at http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1940.10.

The text of California Civil Code 4750 is available at http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=4750.&lawCode=CIV .