In California while recreational cannabis is all the rage after January 1, 2018, the California. Medical marijuana laws under California’s “Compassionate Use” Act still provide some benefits. Including: Patients with valid medical marijuana ID cards are exempt from...
Experienced Real Estate And Business Attorney
Marijuana
Marijuana Based Fair housing complaints (FEHA) or violations should be rejected by analogy to employment cases
Medical marijuana protection is unlikely under California fair housing laws. In Ross v. Ragingwire (2008) 42 Cal. 4th 920, the California Supreme Court held that the FEHA does not protect a fired employee who failed a drug test even though he was also a qualified...
A tenant’s Request to smoke medical marijuana is not a reasonable accommodation under California or Federal Fair Housing laws
Federal 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...
Landlords Can Prohibit Medical Marijuana being smoked inside rental units
The lease must expressly prohibit the tenant from engaging in conduct that violates any law, that includes Federal law. I suggest delineating, “shall not violate any law, including but not limited to Federal, State, or local laws. Possessing, cultivating and using...