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Glick Watch: Is Recreational Marijuana Legal In A Rental Home?

by | 0 comments | Dec 28, 2016 | 3 min read |

On November 8th, 2016, Proposition 64 was passed in the state of CaliforniaCalifornians over the age of 21 can now use marijuana in private and carry up to 28.5 grams of the herb or 8 grams of concentrated marijuana.

Marijuana Legal in California

Californians who do not have a medical card need to wait until January 1, 2018 to purchase recreational marijuana from a store. Black market sales will remain illegal until then.

Growers and transporters will also need to be issued a state license. California will also need to create a Bureau of Marijuana Control to handle this licensing process which could take months or years.

ballot vote

How Does This Effect Landlords and Tenants?

Current and future laws do not inhibit a landlord from prohibiting marijuana use regardless of health benefits. This is slightly a gray area what is covered in an earlier article here. In the case a tenant has a medical prescription for weed use, the rental lease agreement will triumph this medical prescription. We recommend both landlords and tenants double check their lease to make sure these rules are clearly stated. For current leases, landlords should have tenants sign an addendum stating if marijuana can or cannot be used in the rental.

what to include in your lease when renting a property cta

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Fred Glick
About the Author
Fred Glick is the VP of Real Estate and Broker of Record at Onerent. As a licensed broker and experienced real estate professional of over 30 years, Fred has contributed to stories on CBS television, Wharton Business radio, NPR’s Marketplace, the New York Times, the Wall Street Journal, and the Philadelphia Inquirer. He is also CEO of US Loan Mortgage Inc., US Spaces Inc., and Arivva Real Estate Brokerage.

This content is designed to convey information only. Any information here is not intended to provide legal advice and should not be taken as such. Consider obtaining legal advice from your attorney about any decision or contemplated course of action.

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