What Does Prop 64 Mean for Landlords?

The recreational use of marijuana has been legalized in the state of California leaving many rental property owners wondering what Prop 64 means for them. Here are some basic guidelines landlords can implement to protect themselves.

Prohibit 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 no-smoking policy at your rental property. This can include both tobacco products and marijuana. The policy should be defined so it is comprehensive. Example: “Smoking is prohibited on the entire property, including in individual units, all common areas, outdoor spaces, and in all buildings on the premises. “Smoking” means inhaling, exhaling, burning, vaping, or carrying any lighted cigar, cigarette, pipe or any other device containing any tobacco product or any other leaf, weed, plant or other products.”

Lease Addendum
Update all your lease agreements with addenda that mention your rules about marijuana. You can state that it is prohibited to grow or use marijuana plants in units or anywhere on the property. This is something you can enforce by conducting annual or bi-annual inspections 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 a tenant tells you they are smoking marijuana for medical reasons, you don’t have to allow that. It’s not protected behavior and not an accommodation landlords are required to make.

There are many more details regarding 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 MSB at 1-510-649-3380.