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California Landlords Could Ban You From Smoking Weed in Your Apartment

If passed, the measure could impede on the rights of the state’s medical cannabis users.

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A new bill making its way through the California state government would allow the state’s landlords to ban the use of cannabis within their properties.

Assembly Bill 2300 is headed to the Senate Committee on Rules this month for further consideration.

“Landlords have the authority to prohibit tenants from smoking tobacco in the home; the same rationale applies for cannabis,” said Assemblyman Jim Wood (D-Sonoma County) late last month.

The bill would codify landlords’ existing rights to prohibit the smoking of cannabis within their properties, regardless of whether the smoker in question is a patient registered to receive medical cannabis. Patients would be allowed to partake in other methods of cannabis delivery, such as vaporization, the eating of edibles, the use of tinctures, and so forth.

Among the rationales cited by Wood for the bill’s passage was research conducted by UC San Francisco suggesting that the secondhand smoke from cannabis was nearly as harmful for the human cardiovascular system as that produced by cigarettes.

“Secondhand smoke, regardless of whether it’s smoke from tobacco or marijuana, is especially problematic in multiunit apartments and condos because the smoke easily travels through the windows, doors and other ventilation systems,” he said. “It’s a nuisance that tenants should not have to live with.”

Several activists have come out against the measure, saying that it impedes on the rights of the state’s medical cannabis users. The largest marijuana user organizations, however, have yet to express opposition to the bill.

A ballot initiative to legalize recreational cannabis will likely appear on the California ballot in November. An effort to place the Adult Use of Marijuana Act (AUMA) on the state ballot has garnered 600,000 signatures, far more than the 365,880 signatures needed for its ballot inclusion.