What to do if I have a potential tenant who wants to grow marijuana for medicinal purposes?

UPDATED: Aug 22, 2011

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What to do if I have a potential tenant who wants to grow marijuana for medicinal purposes?

What are my liabilities or should I stay away from this tenant? He has his stage 4 cancer patient and is a father. I don’t want to be accessed of discrimination.


Asked on August 22, 2011 California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In California, a person can grow medical marijuana for himself or herself if they have a permit issued by this state to do so. In order to obtain such a permit to grow medical marijuana in California, a licensed health care physician must sign the application for the applicant.

If the possible tenant for your unit has a legal permit to grow medical marijuana for his or her own health issues, this is legal in California. If you accept this person as a tenant, you need to have a copy of the permit in your file for this person and you need to confirm with the entity that issued the permit that it is valid for the designated person to grow medical marijuana.

One issue that you need to be careful of is setting rules about smoking in your unit if you accept this applicant as a tenant. If you do not want smoking of any item in the rented unit, your lease needs to specifically state so and have the tenant sign the provision acknowledging the "no smoking" rule that you could require.

Good luck.

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