Regardless of whether or not you are selling a home, purchasing a home or entering into a rental agreement the new marijuana laws are something that need to be considered and disclosed. In California voters approved The Medical Cannabis Regulation and Safety Act (“MCRSA”) then a year later passed Proposition 64 legalizing the use of recreational marijuana both personally and commercially. However, marijuana is still illegal under federal law. Interestingly enough Congress passed a spending bill with a rider attached that prohibits the Justice Department from using federal funds to prosecute people for the use and/or sale of marijuana if they are in compliance with their local state laws. However, the rider has to be renewed on a yearly basis.
The question becomes how is it dealt with? Disclosure laws in California basically say “disclose anything and everything that is a material fact regarding the home to a buyer”. Failure to do so leaves the seller open for potential lawsuits even if the marijuana was removed prior to the close of escrow. If you are a seller it is best to find out what the rules and regulations are within the community in which you live as those vary as well. What may be allowed on a county level may not be allowed on a city level.
While a property owner may be able to grow and/or use marijuana legally in their home regardless of whether or not it is for recreational or medicinal purposes a tenant is subject to the rules and regulations as stipulated by the landlord. As with smoking a cigarette a landlord can forbid a person from smoking marijuana within the rental unit regardless of whether or not it is for recreational or medicinal purposes. A landlord is under no obligation to allow a tenant to use marijuana for medicinal purpose because there has been no definite recognized medical proof.
It is definitely an interesting subject and one that will undoubtedly take years to fully understand. Do, my best advice would be to disclose, disclose, disclose! It might also be wise to consult with an attorney to find out what your legal obligations are.