{"id":6000,"date":"2016-12-07T10:30:51","date_gmt":"2016-12-07T18:30:51","guid":{"rendered":"https:\/\/www.rentecdirect.com\/blog\/?p=6000"},"modified":"2016-12-27T12:56:55","modified_gmt":"2016-12-27T20:56:55","slug":"legal-recreational-marijuana-landlords","status":"publish","type":"post","link":"https:\/\/www.rentecdirect.com\/blog\/legal-recreational-marijuana-landlords\/","title":{"rendered":"Legal Recreational Marijuana: What Landlords Needs to Know"},"content":{"rendered":"

\"marajuana\"In November 2016, Californians voted in favor of Prop 64 to legalize recreational marijuana use in the state of California<\/a>. <\/span><\/p>\n

Referred to as the <\/span>Adult Use of Marijuana Act<\/a>, the initiative allows people who are 21 and older to possess, transport and buy up to 28.5 grams of marijuana for recreational use. \u00a0Additionally, people over 21 years old will be able to grow and use up to six pot plants. <\/span><\/p>\n

This new law will expand on the California\u2019s existing law that allows marijuana for medical purposes.<\/span><\/p>\n

Besides California, Maine, Massachusetts, and Nevada also <\/span>voted to legalize recreational marijuana<\/span><\/a> in the 2016 election. Each state has their own provisions about the legal amounts for possession and cultivation.<\/span><\/p>\n

As a landlord or property manager in these states with newly enacted recreational marijuana legalization, you may be wondering how this new law will affect your rentals. <\/span><\/p>\n

Per your state\u2019s newly legal recreational marijuana, you might have the following questions:<\/b><\/p>\n

    \n
  1. Do I have to let my renters use pot on my property?<\/span><\/li>\n
  2. Do I have to let my renters grow pot plants on my property?<\/span><\/li>\n<\/ol>\n

    Let\u2019s keep looking at California\u2019s Prop 64 to help answer these questions. <\/b><\/p>\n

    It turns out, that while Prop 64 makes it legal for Californians to enjoy recreational marijuana, you do not have to let them do so on or around your rental property.<\/span><\/p>\n

    Other states, like Washington and Colorado, where pot is legal can be used as an example for how to deal with marijuana use by your resident.<\/p>\n

    Bret Sachter<\/span><\/a>, a Seattle attorney who represents clients in the pot industry in the state of Washington, told the <\/span>San Diego Union Tribune<\/span><\/i><\/a> that landlords are on solid legal footing, provided they put an explicit clause prohibiting pot in their leases.<\/span><\/p>\n

    If you have a clause in your rental lease that prohibits smoking in or around your property, it would be considered a lease violation for your renters to smoke marijuana. Even if it is legal to do so under the new law, it would not be allowed\u00a0in their rental property. <\/span><\/p>\n

    As further protection, since marijuana is still illegal under federal law, landlords could include a clause in their rental lease prohibiting conduct that is unlawful under state and federal law. <\/span><\/p>\n

    What about growing pot in the rental property? <\/span><\/h3>\n

    There are many reasons to why a manager would wish to prohibit your tenants from growing pot in your rental property. <\/span><\/p>\n