Can a tenant smoke weed in a California rental? The lease decides. Recreational cannabis is legal in the state, but the law that legalized it also preserved every property owner’s right to prohibit use and cultivation on their property, so the real answer lives in the lease, not the statute. That one sentence settles most of the arguments; the details, from smoking and growing to federal rules, are where housing providers (landlords) and tenants both get surprised.
Is marijuana legal in California?
Yes, under Proposition 64, also known as the Adult Use of Marijuana Act, adults 21 and over can:
- Possess up to 28.5 grams of cannabis
- Use marijuana in private residences
- Grow up to six living plants
However, legalization does not override lease agreements or landlord policies.
Can you smoke weed in your apartment in California?
Not if the lease or the building rules forbid it, and California law adds limits of its own. State law does not allow smoking cannabis in a place where smoking tobacco is prohibited, and it counts vaping as smoking (Health and Safety Code section 11362.3). The same law lets a property owner prohibit or restrict cannabis use on private property (section 11362.45). So the first place to look is your lease.
Can landlords ban marijuana use in rental properties?
Yes. Landlords in California can legally restrict or prohibit marijuana use on their property.
Landlords may:
- Ban smoking or vaping marijuana indoors
- Prohibit cannabis cultivation
- Enforce drug-free housing policies through lease terms
California law preserves the owner’s right to prohibit or restrict these activities on privately owned property (Health and Safety Code section 11362.45), and marijuana also remains illegal under the federal Controlled Substances Act, even in a state where cannabis is legal.
What a California cannabis lease clause can cover
The owner's right in section 11362.45 reaches every activity section 11362.1 makes lawful: possessing, smoking or ingesting, and growing. In practice that means a lease can address smoking and vaping, edibles, and cultivation separately. A clear clause names each one and says where on the property it applies.
Growing cannabis in a rental
Under the law, no more than six living plants may be grown within a single private residence, and a private residence includes an apartment unit. The plants must be kept in a locked space and must not be visible from a public place (section 11362.2). Cities may regulate cultivation but may not ban it completely inside a private residence. A lease can still prohibit it.
Tenant rights for marijuana use in California
Tenants have limited rights when it comes to marijuana use.
Tenants can:
- Legally possess marijuana
- Use cannabis in private if permitted by the lease
What the lease and the law do not allow:
- Use that the lease prohibits
- Smoking in non-smoking units or shared spaces
- Treating legalization as a guarantee of unrestricted use
Adding a smoking rule to a lease
For tobacco, Civil Code section 1947.5 lets a housing provider (landlord) prohibit smoking. A lease signed on or after January 1, 2012 must say which areas of the property are covered. Adding a ban to an existing lease is a change of terms that needs written notice (Civil Code section 1947.5). That statute is written for tobacco, so for cannabis the lease clause itself is the tool.
Can landlords allow marijuana?
Yes, landlords can choose to allow cannabis use under specific conditions.
Some may:
- Permit non-smoking consumption (such as edibles)
- Allow use inside units but not in common areas
- Set clear guidelines instead of a full ban
Everything depends on the lease and property policies.
Our read, from the operator’s chair
The practical cannabis issues in a rental are smoke complaints from neighboring units, odor at turnover, and grow setups found at inspections. A clear written lease is the first protection: prohibit smoking of any substance on the property, address cultivation explicitly, and apply the same rules to every tenancy. California's legalization law expressly preserves a property owner's right to prohibit cannabis use and cultivation on their property, so the lease, not the statute, is where your policy lives.
For housing providers: restrict use and cultivation through the lease and apply the same rules to every tenancy.
For tenants: legalization did not override your lease. Review it before assuming anything is permitted.
Cannabis rules are one corner of a rulebook that changes every year; our California landlord laws guide keeps the whole of it, from the rent cap to the new 2026 duties, in one place.
Sources
- Health and Safety Code Section 11362.1 (Proposition 64, adult use)
- Health and Safety Code Section 11362.45 (property owners' rights preserved)
- Health and Safety Code Section 11362.2 (personal cultivation limits)
- Health and Safety Code Section 11362.3 (where cannabis may not be used)
- Civil Code Section 1947.5 (smoking prohibitions in residential leases)
Frequently asked questions
Can California landlords ban marijuana smoking in rental properties?
Yes. California landlords can prohibit smoking of any kind, including marijuana, in the rental unit and on the property. A no-smoking clause worded to cover smoking of any substance reaches marijuana smoke too.
Can tenants use marijuana legally in a California rental property?
Adult recreational marijuana use is legal in California, but tenants' ability to use cannabis in a rental unit depends on the lease terms. If the lease prohibits smoking or marijuana use, a tenant who violates those terms can face a lease violation notice.
Can a California landlord ban marijuana growing in a rental unit?
Yes. Landlords can prohibit marijuana cultivation in the lease. California law allows personal cultivation of up to six living plants, but a landlord can prohibit cultivation in the lease. If the lease bans cultivation and plants are found growing, that is a lease violation.
Does federal law affect marijuana rules in California rental properties?
Marijuana remains illegal under the federal Controlled Substances Act, even though California allows adult use. Federal rules can add requirements in federally subsidized housing programs, so owners with a subsidized tenancy should confirm the program's terms with the housing authority or an attorney.
Sources
