Glick Watch: Is Recreational Marijuana Legal In A Rental Home?
On November 8th, 2016, Proposition 64 was passed in the state of California. Californians 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.
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.
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