Prohibit medical marijuana growing?

[non-ditzyblonde]

What is the name of your state (only U.S. law)? CA

Can a landlord prohibit a tenant from growing marijuana if the tenant has a valid license which allows growing? Thank you for any feedback on this.

 

[Zigner]

What is the name of your state (only U.S. law)? CA

Can a landlord prohibit a tenant from growing marijuana if the tenant has a valid license which allows growing? Thank you for any feedback on this.

Ummm...yeah, definitely.

 

[non-ditzyblonde]

Zigner,

I appreciate your reply. I'm just wondering on what grounds could it be prohibited? If the tenant has a valid license, it is legal to grow in CA. How is it different from having a ficus in the living room? Thanks very much.

 

[atomizer]

Owning a dog or cat is also legal. However, a landlord can prohibit you from having one on his property. He can also prohibit smoking any kind of cigarette in the rental. When you own your own property you can smoke all you want. That is unless the feds knock down your door and arrest you.

 

[sandyclaus]

Zigner,

I appreciate your reply. I'm just wondering on what grounds could it be prohibited? If the tenant has a valid license, it is legal to grow in CA. How is it different from having a ficus in the living room? Thanks very much.

The problem is that while CA state law may allow it for persons having a medical marijuana card and requiring it for medical purposes, Federal law does not recognize the right to grow illegal drugs of any kind. Local authorities may not be able to do anything, but the DEA or other federal authorities certainly can.

LL's are required to comply with ALL laws, both local and Federal. They don't have to allow you to anything that can interfere with the law.

 

[non-ditzyblonde]

Thanks to all for the helpful replies. Just to clarify: I'm the landlord and the tenant has been living in the unit for about three years. I understand that a landlord can prohibit things like smoking, pets, etc. PRIOR to tenancy (i.e. during the application process), but this is an existing tenant with an existing lease which does not prohibit legal marijuana growing. Sorry for not stating the situation more clearly.

 

[non-ditzyblonde]

LL's are required to comply with ALL laws, both local and Federal. They don't have to allow you to anything that can interfere with the law.

This is a very interesting point. It seems to imply that any LL who allows legal growing is violating federal law... so not only MAY a LL prohibit marijuana growing, the LL MUST prohibit it ("must" in the sense that every law "must" be adhered to).

 

[ecmst12]

I was under the impression that the DEA is no longer actively pursuing people who participate in a legal medical marijuana program in their home state.

If the tenant is month-to-month, you can impose any new rule you like as long as you provide proper notice. If the tenant has a term lease, you can add new rules at the end of the term, again with proper notice.

 

[non-ditzyblonde]

I was under the impression that the DEA is no longer actively pursuing people who participate in a legal medical marijuana program in their home state.

Thanks for the comment, ecmst. That's my impression too, and I'm not really concerned about it, I just think it's interesting that whether or not it's being enforced by the DEA, I'd be violating federal law by allowing a grow.

If the tenant is month-to-month, you can impose any new rule you like as long as you provide proper notice. If the tenant has a term lease, you can add new rules at the end of the term, again with proper notice

My understanding is that you can't impose a new rule that materially changes the terms of tenancy without the tenant signing off on it. Not sure if this would be considered a material change or not.

 

[FarmerJ]

Any where in the current lease does it say that a tenant cannot use the unit in a way that is not permitted by law , or speak of illegal activity ?or that the tenants use of the unit shall be in a lawful manner ? or any thing like that? if so then its already covered since federal laws address the issue.

 

[ecmst12]

The tenant doesn't have to agree - if he doesn't want to follow the new rule, he can give notice and move. That's why you need to give proper notice, just like if you were terminating the tenancy. This is of course assuming that the unit is not rent controlled.

 

[xylene]

Just to give you a conta point of view - if this tenant is some kind of activist, he could make a big stink and draw more heat on to you than his quasi-legal activities do.

Just something to weigh. Merit-less lawsuits still can be expensive.

Is the guy a bad tenant? Do you want him gone? A med-marji patient who grows will move if you tell him he can't do his medicine.

Making this prohibition will at best cost you this tenant - potentially more.

If you want him gone - it seems there could be better avenues.

Then make your pot rule.

 

[non-ditzyblonde]

Any where in the current lease does it say that a tenant cannot use the unit in a way that is not permitted by law , or speak of illegal activity ?or that the tenants use of the unit shall be in a lawful manner ? or any thing like that? if so then its already covered since federal laws address the issue.

Yes, there is a clause about illegal activities and it seems like I could invoke federal law. Not sure how it would play out in court if it went that far; I wonder if there is any case law yet.

Thanks for the feedback.

 

[non-ditzyblonde]

The tenant doesn't have to agree - if he doesn't want to follow the new rule, he can give notice and move. That's why you need to give proper notice, just like if you were terminating the tenancy. This is of course assuming that the unit is not rent controlled.

The unit is rent-controlled. Sorry for not mentioning that. I actually wrote a very long original post that included all of this information but thought it might be too long to wade through. Thanks ecmst.

 

[justalayman]

here is a link to a pro pot group and they are even alerting landlords to the possible problems. It would seem at the current time, a LL is not generally in danger of being prosecuted or having property seized but it is possible.

ASA : Frequently Asked Questions for Property Owners: Asset Forfeiture and Medical Marijuana

If you are willing to bet the feds will or won't act a certain way, feel free to do what you want. The fact remains that if they decide they need to show they still have the power to enforce the federal laws, you might be the first guy they do it on.

Personally, not worth me risking my property regardless of how small the chances.

and another article in which they cite a recent police action that would give me even more concern:

Medical Marijuana Dispensaries Are Landlord Challenge

bottom line, as far as I know: you can restrict the use of the premises to refuse to allow marijuana on the premises regardless of the legality.