Adult-use cannabis is legal in California, but housing providers can still prohibit smoking or use on their properties—just like a no-tobacco policy. To enforce it, your lease must say so clearly. Balance that with each resident’s right to Quiet Enjoyment by addressing smoke/odor and health concerns with practical, non-punitive options first.
2025 Snapshot
● Adult use remains legal in CA for 21+ (possession & small-scale cultivation).
● Property owners can restrict cannabis (especially smoking/vaping) via lease terms.
● Quiet Enjoyment matters: smoke/odor that impacts neighbors can be a violation.
● Federal law still classifies cannabis as illegal, which you may reference in your lease.
● Just-cause rules apply for enforcement/eviction; seek counsel in complex cases (medical use, fair housing, local ordinances).
This article is general information, not legal advice. For specific cases, consult your attorney.
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
Why the Lease Is Everything
If your lease doesn’t address cannabis, enforcement gets murky. A clear clause is how you:
● Set expectations up front ● Prevent smoke/odor disputes ● Protect property value and indoor air quality ● Reduce insurance and remediation risk
Enforcement Playbook (Step-by-Step)
● Document the complaint(s): dates, times, photos/video of residue/ash where appropriate, written statements.
● Inform & educate: share your policy and offer non-smoking alternatives/odor mitigation tips.
● Reasonable timeframe to cure: issue a notice to cure (per local/state law).
● Re-inspect or re-check: confirm resolution (and keep notes).
● Escalate carefully: repeat violations may trigger further action under just-cause rules—coordinate with counsel, especially if medical use is claimed.
Fair Housing note: A disability may require reasonable accommodation for treatment; however, smoking (tobacco or cannabis) is typically not a required accommodation. Always consult counsel on medical claims before taking action.
Investor Lens: Why This Matters to Your Returns
● Lower turnover risk: Clear rules + friendly alternatives = fewer disputes and notices
● Reduced remediation costs: Smoke remediation can be expensive; prevention protects NOI
● Better neighbor satisfaction: Fewer complaints, better online reviews
● Insurance alignment: Many carriers prefer or require documented smoke-free policies
Need help tightening your lease & policy?
● Full-Service Property Management: We’ll update your lease library, handle resident notices, and resolve odor conflicts with a friendly-but-firm process.
● DIY / À-la-Carte: Lease-only, renewals, mid-lease condition assessments, and move-outs—available year-round if you self-manage.