As you may remember, in November of 2016, Prop 64 passed, making it legal to purchase and smoke marijuana in California. However, the federal government still considers it a controlled substance, which means it has to be regulated. Today, we are discussing how it is imperative that landlords make and enforce clear rules about smoking in their properties.
Providing a Healthy Living Environment
As a landlord, you have the responsibility to provide a healthy and habitable environment for all of your tenants. The people renting from you are entitled to the quiet enjoyment of their unit. If someone is smoking in one unit, the odor can drift over to other units, and deny your other tenants their quiet enjoyment.
Marijuana as a Controlled Substance
Second hand smoke can come from cigarettes, vaping, and marijuana usage. In 2009, marijuana was added to the Prop 65 list of carcinogens. So, this is considered dangerous smoke. Tenants with disabilities are permitted to smoke marijuana under the federal Fair Housing Act, but remember that controlled substances are excluded. And, since the federal government considers marijuana a controlled substance, it is illegal to use from a federal standpoint.
Include Restrictions in Your Lease
We suggest all landlords update their leases to exclude and ban all smoking. This should include cigarette smoking, vaping, and the use of marijuana. It may be legal in California, but it’s still illegal under federal law. That’s important for you to understand. And, as a landlord you have to provide habitable conditions for all your tenants.