Pot is Legal, but is it Allowable in Your Rental?

 
 

Pot is Legal, but is it Allowable in Your Rental?

Proposition 64 legalized the recreational use of marijuana.  As of January 1, 2017, people 21 years of age and older may possess, process, transport, purchase, obtain or give away up to 28.5 grams of non-concentrated cannabis.  They may also plant, cultivate, harvest and process up to 6 living plants.  Even though people have the right to store cannabis within their personal property, you as the owner has the right to prohibit the use, cultivation or possession in your rental unit.

We may find that some owners advertise and promote the fact that tenants can smoke or grow marijuana in their rental.  I suspect most will not.  Marijuana is still an illegal drug at the federal level, and I doubt any owner wants to risk having their investment property seized by the federal government, even if this is a remote possibility.  Also, just as most properties are leased as “non-smoking” because of the damage smoke does to a property, it makes senses to apply “non-smoking” to marijuana users as well.