Medical Marijuana: What Are Renters' Rights?

FOR IMMEDIATE RELEASE
San Diego, California, United States of America (Free-Press-Release.com) April 10, 2011 -- By Lily Leung

Long Vo, of Oak Park, says his landlord, also his relative, is OK with him growing and smoking medical marijuana in his rental. Vo, a medical marijuana cardholder and former dispensary owner, has his marijuana plants in his balcony.

What are the laws?
Compassionate Use Act: Also known as Proposition 215. Became
Bargain before you sign a lease.

official in 1996 to give Californians the right to obtain and use marijuana for medical purposes, including treatment of chronic pain. The act states that patients and their caregivers who obtain and use medical marijuana “are not subject to criminal prosecution or sanction.” It also stipulates that no physician who recommends marijuana to patients for medical purposes “shall be punished, or denied any right or privilege.”

Senate Bill 420: Passed in 2003 to add to and clarify the Compassionate Use Act of 1996. It established the Medical Marijuana Program, or MMP, which is administered through a patient’s county of residence. Upon obtaining a recommendation from their physician for use of medicinal marijuana, patients and their primary caregivers may apply for and be issued a Medical Marijuana Identification Card. Senate Bill 420 also required that the MMP be fully supported through the card application processing fees. Both the state and the counties have authority to cover their costs for the program through these application fees. The identification cards, unlike a doctor’s notes, give cardholders limited immunity from arrest.

Medical Marijuana Program: The MMP issues identification cards that allow patients and caregivers “to possess, grow, transport and/or use Medical Marijuana in California.” Cardholders are entered in an online database (calmmp.ca.gov) to let law enforcement verify the validity of cards. Limits on how much can be possessed and cultivated vary by jurisdiction. The program was implemented in phases throughout the state, with San Diego’s program going live in July 2009.

Source: California Department of Public Health

Advice for property owners

Establish a policy.
Set specific rental criteria in lease agreements.
When in doubt, hire legal counsel.
Source: Kathy Belville, a real estate attorney at Kimball, Tirey & St. John in San Diego

Advice for renters
If you want to medicate in your home, make sure it’s OK with your landlord, especially if you are growing marijuana plants. “You’re much better off being upfront,” said Kimberly Simms, a San Diego attorney.

Take the mediation approach. Working through the situation can be more effective and less costly than going to court. In one incident, a tenant agreed to smoke only outside as a compromise to a landlord who was concerned about the lingering odor from marijuana smoke.
Check your lease for any clauses on smoking or drug use.
Source: Kimberly Simms, a San Diego attorney who deals with medical marijuana cases

Landlord attorneys and tenants’ advocates in San Diego County and throughout the state have for more than a decade dealt with a sticky subject that many want to avoid and few know how to address.

The puzzling question: Can renters smoke and grow pot at home if they prove they’re medical marijuana patients with doctors’ notes and state-issued cards?

The answer: It depends.

In most cases, tenants don’t disclose they use or grow marijuana. If caught, they tend to give in to eviction because landlords are covered by no-drug and no-smoking clauses in leases, and a lack of case precedent in California.

The issue of medical marijuana and housing has resurfaced as one state lawmaker is sponsoring a bill that would forbid employers from denying employment solely on medical-marijuana status. Some believe, if passed, the bill could make way for housing protections, like those provided in Arizona, which passed its medical marijuana law in the fall.

The Arizona law states, “No school or landlord may refuse to enroll or lease to and may not otherwise penalize a person solely for his status as a cardholder, unless failing to do so would cause the school or landlord to lose a monetary or licensing related benefit under federal law or regulations.”

No such provisions exist in California.

“Under state law, it’s just not clear, because the courts haven’t spoken to this question,” said Alex Kreit, a law professor at Thomas Jefferson School of Law who specializes in medical marijuana.

“Tenants could challenge (eviction) by saying it’s discriminatory,” said Kreit, referring to fair-housing rules. “But it probably will be an uphill battle.”

Legal battles could end up being time-consuming and costly, so tenants often hide medical marijuana use or cultivation. Often, if found out by their landlords, they can end up being evicted.

Medical marijuana patients and distributors, such as Oak Park resident Long Vo, 27, say they’re respectful of the leased properties and their neighbors.

He cultivates two marijuana plants on the balcony of his rental, and his landlord approves because he’s discre

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