Once January 1st swings by in California, marijuana advocates everywhere in the state will finally be able to breathe easy, and walk into any retail store and buy recreational marijuana without fuss. Under state law, in a few weeks, Californians will be allowed to consume marijuana in private areas, such as their homes, including their backyard. But what if the person doesn’t own the property and is renting, can s/he still consume marijuana? And what does the law say about consuming marijuana in outdoor areas of a private property?
First things first, it must be pointed out that there are many ways to consume marijuana. Aside from smoking either through vape pens and other devices, one may also create edibles out of marijuana. Now the best way readers can answer the question about marijuana consumption in private properties is to look at precedents.
For instance, in the case of landlords who do own private properties with outdoor areas, readers must understand that these landlords have the power to ban smoking altogether on their private property. This means if they choose to ban the smoking of marijuana, them there are not a lot of things tenants can do to change that. The thing about rental properties, especially multi-unit complexes, is that tenants must respect the space and rights of other tenants. In other words, if neighbors start complaining about the distinctive smell of marijuana coming from your room, then you run risk of facing a breach in your contract or raising a complaint against you. While you may not get into deep legal trouble such as facing state criminal liability, it’s nonetheless advised that you honor the rules and policies of your landlord.
As mentioned, there are other means of consumption other than smoking. If the scent of marijuana is what landlords are trying to avoid, then you can consider consuming marijuana via edibles instead. In the end, it’s best to have a talk with your landlord to find out where they stand on the issue. If they ban smoking marijuana, it’s futile to argue with that as they also have other tenants to think about. Generally, this also means smoking in outdoor areas is prohibited. Should this be the case, then it may be time to move out or start looking for a new apartment that is more weed-friendly.
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