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A tenant’s Request to smoke medical marijuana is not a reasonable accommodation under California or Federal Fair Housing laws

On Behalf of | Feb 6, 2017 | Marijuana |

ADA wheelchare marijuanaFederal law states that a user of illegal drugs (under Federal law) will not be considered “an individual with a disability” for the purpose of the law (42 USC section 12210).  The exclusion of the use of medical marijuana, even if in conformity with state law, will not be protected by the ADA.  James v. City of Costa Mesa (9th Cir. 2012) 700 F.3d 394, 397.
The Ninth Circuit has held that “medical marijuana use is not protected by the ADA [ (Americans with Disabilities Act (42 U.S.C. § 12101 et seq.)) ],” because the ADA “defines ‘illegal drug use’ by reference to federal, rather than state, law, and federal law does not authorize the plaintiffs’ medical marijuana use.” (James v. City of Costa Mesa (9th Cir. 2012) 700 F.3d 394, 397.)

This was re-affirmed in the State case, The Kind and Compassionate v. City of Long Beach (2016) 2 Cal.App.5th 116, 121.