What does Proposition 64 mean for landlords?

The recreational use of marijuana has been legalized in the state of California, so what does that mean for landlords?

Prohibiting Smoking
According to current California law, adults who are 21 or older can legally have up to six plants of marijuana at their homes. We recommend that you impose a strict non-smoking policy at your rental property. This can include both tobacco and marijuana. It means that no one is allowed to smoke inside the unit or in the common areas or around any areas of the property itself. If you are consistent with this policy and strictly enforce it, nothing has to change at your property. You can hang signs reminding tenants and their guests of this policy all over the property.

Lease Addendum
Update all your lease agreements with addenda that mention your rules about marijuana. You can state that it’s prohibited to grow or use marijuana plants in the units or on the property. This is something you can enforce by conducting annual or bi-annual inspections. It’s important to check out your units once in a while to make sure your tenants are following the terms of your lease.  

Medical Marijuana
Under federal law, landlords are not required to accommodate medical marijuana users. This is not covered by the Americans with Disabilities Act. So, if someone tells you they have a disability and are smoking marijuana for medical reasons, you do not have to allow that. It is not protected behavior and not an accommodation landlords are required to make.

There are some more in depth things we can talk about in regards to Prop 64 and how you can protect yourself and your property. If you have any questions about this or anything pertaining to property management, please contact us at 1-510-649-3380.