Can CA Property Managers Ban Marijuana Use?

no-smoking-1-1495290-1920x1440With the passage of Prop. 64 in November, recreational marijuana use was made legal for adults. Many celebrated the move, but not everyone is thrilled with this development. For property managers especially, marijuana use in apartments can be a tricky subject.
While Prop. 64 legalized recreational use, smoking marijuana is still against federal law. For property managers, this means you’re within your right to ban marijuana use in your community. And perhaps you should. If a tenant is smoking marijuana on a balcony or porch, its drift into another unit could be considered trespass or battery. The reality is that smoke inhalation can lead to serious health conditions.
Of course, medical marijuana use has its role, too. Should a tenant request medical use in their unit, property managers may consider allowing tenants to vaporize marijuana or partake in edible versions of the drug. Limiting exposure to others is the key! Whatever you decide, it’s important you spell out your rules in your lease – leaving things up to interpretation will only lead to headaches!