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I have a Medical Marijuana License in the California, am i allowed to smoke on my balcony at the place i am leasing yearly?

San Diego, CA |

The lease includes the details of use or possession of a controlled substance, as defined in section 102 of the Controlled Substances Act 21 U.S.C. 802. Also, they have recently added a Smoke-Free Addendum that says "Smoking" means inhaling, exhaling, breathing, or carrying any lighted pipe, cigar, cigarette, or other tobacco product, or similar lighted product in any manner or in any form.
We currently are in a 1 year signed and legitimate agreement, as occurring every year we renew.
It also states, Smoking is not allowed anywhere in the community, including common areas and designated smoke-free units.
It also says in the addendum that owner will have the right, but not the obligation, to enforce Residents obligations under this Addendum. A material breach kicks you out, basically.

Attorney Answers 1

  1. The fact that you have a medical marijuana prescription does not mean that you have unlimited rights to use marijuana in public. Since marijuana possession and use is still illegal under federal law, property owners have been put in a tough spot. The feds have been sending out letters to landlords, notifying them that if they do not control the use of marijuana, they could lose their property.
    I suggest you look for alternatives rather then blatantly smoke where others can see or smell.
    There are smokeless inhalers available. You could also limit your smoking to indoors and use a fan or vent. Or, you can use the non smoke products, such as cookies, brownies, etc.
    To find out more about your rights, check with one of the medical marijuana advocacy groups - I posted a link to one of them below.