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Landlords: How Will The Passage (if it passes) Of Proposition 19 (legalization of Medical Marijuana) Change Your Rental Policies?
Posted by: Kenny Tan
September 12, 2010

This November voters will cast their ballots to decide whether to pass Proposition 19 - Legalization of Medical Marijuana in California.

Regardless of its passage, marijuana remains illegal under federal laws. However, the U.S. Supreme Court has decided that states are free to pass laws to legalize the use of medical marijuana.

In 1996, voters passed Proposition 215 to allow the use, possession, and cultivation of marijuana for medical purposes. Some of the people who are issued special medical marijuana cards are tenants.

Federal and state laws require landlords to not only not discriminate against tenants based upon disability but also to accommodate their disability. HIV and cancer are among medical conditions which qualify a person as disabled.

The current law in California allows the cultivation of marijuana in residential units. That means tenants with medical marijuana card can grow their own marijuana on your property.

Marijuana growth poses severe health and safety problems. Poor ventilation, bad smell, mold growth,  and unsafe wiring conversion are just some that readily come to mind. It also increases landlords' financial risk. The rental units would need to be modified to allow marijuana growth. Walls, floors, and foundation may be altered and sprinkler systems may be installed, all without landlord's permission. In regions where Chinese drywalls have been installed, the extra moisture coming from lack of ventilation exacerbates the problem.

As you can see, landlords have every reason to worry about the passage of Proposition 19. Its passage would mean more tenants (the ones without disability) may attempt to cultivate their own marijuana for recreational purposes. Certainly, landlords can put a restriction in their leases to prohibit the use and/or cultivation of marijuana. It is strictly a contract issue. The government has no right to interfere and declare such prohibition against public policy.

What about the tenants who have legitimate disability? Can the landlords apply the same restriction to them without violating state and federal discrimination laws? I see potentially more discrimination claims being filed landlords if Proposition 19 is passed.   

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