In 2016, California’s Proposition 64 legalized recreational marijuana for adults over 21, allowing personal possession and small-scale cultivation. But what many don’t realize is that housing providers still hold the right to prohibit marijuana use on their properties—just like banning tobacco smoking or pets.
👉 The catch?
It must be clearly stated in the lease. Without that clause, enforcing a no-marijuana policy becomes a gray area.
But there’s more.
Tenants also have a legal right to ‘Quiet Enjoyment’—free from disturbances like smoke, odors, or health hazards. Conflicts arise when a legal cannabis user’s habits interfere with another tenant’s living conditions.
Croskey Real Estate advises proactive, practical solutions:
☑ Suggesting non-smoking alternatives like edibles or vaporizers
☑ Installing air filtration systems
☑ Creating designated use areas with ventilation
These steps aim to balance tenant rights while safeguarding property value and community harmony.
Legal Reality Check
Though California law permits cannabis use, federal law still classifies it as illegal. This duality means landlords can reference federal compliance in lease clauses to enforce restrictions.
Evictions tied to marijuana require ‘just cause’ and should always be handled with legal guidance, especially when medical marijuana or Fair Housing protections are involved.
Expert Insight
Clear lease agreements and open tenant communication are more important than ever,
Understanding both state and federal implications helps avoid costly disputes and ensures responsible property management.
Understanding both state and federal implications helps avoid costly disputes and ensures responsible property management.
Croskey Real Estate
Stay Informed
Review your lease language. Protect your tenants’ rights and your property investments.