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Tenant Rights under CA Med Marijuana laws

San Diego, CA |

I have a card for medical marijuana.I do not grow, I only smoke & only in my apt.Other people in the complex smoke,but whenever there is a complaint of pot smoke, I am the first one blamed. In the most recent complaint my landlord told me it doesn't matter if I have a card or not, I am in violation of my lease if I continue. I am considering renegotiating my lease to make an exception/exemption to apartment smoking & drug policies, provided I don't allow the smoke into public areas. What kind of protections and/or rights do the CA laws provide for a situation like this that I can cite in my case for an amendment?I don't want to disrupt neighbors,but it isn't right that I can't smoke in my own home when it's illegal to smoke anywhere else, & I shouldn't have to move just to use my meds.

Attorney Answers 3


This is becoming a complicated area, so much so that California's Supreme Court has recently decided to take a case regarding medical marijuana use. The main problem is that most cities and counties will not provide medical marijuana users with the same sort of protection they might with other medical patients.

Additionally, a property owner, while probably not likely to be prosecuted by California authorities, may face prosecution from Federal authorities for issues involving medical marijuana.

I suggest that you contact a local medical marijuana advocate organization, or a local collective to find out more information.

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I agree with my colleague. The state of the law relating to medical marijuana use is very unstable.

If your actions of smoking in your unit is causing a nuisance to other tenants then the landlord must act.

You should definitely contact an attorney who specialized in medical marijuana issues to get more information on what your rights are in terms of use in your own home.

Good luck.

The opinion provided is for informational purposes only and does not constitute legal advice.

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I suggest you contact Normal.

*** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***

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