Renting a home as an MMJ patient

[HighCee]

So I've posted in a few other forums about this and I'm trying to get as many opinions as possible. Sorry if this is a bit long-winded but that's just how I write/talk. If you don't want to read all this, just skim it and then skip down to the numbered list at the bottom. Thanks!

I'm going to be renting a home for the first time and I'm confused about something. I live in California and just about every housing listing I see says "no smoking." When it doesn't say anything about it and I ask what their smoking policy is, they almost always say they prohibit smoking inside the home. Now, while I'm not a cigarette smoker, I am an MMJ patient and do smoke marijuana daily. This is not something I care to bring up with potential landlords as it's my own personal business and I am legally allowed to medicate under California law. I believe these "no smoking" policies are there to prevent smoke damage from regular tobacco use which isn't something I'm interested in doing at all. I smoke my MMJ with a water pipe so the only smoke emitted is that which I exhale and I only smoke a few bowls a day at most so there's no steady stream of smoke in the air like there would be if I smoked a joint or something. I also know that marijuana smoke doesn't linger or set into fabrics like tobacco smoke does. So here's my question: would I really be violating a no smoking policy with this behavior? Am I obligated to disclose my MMJ use to a potential landlord if they have a "no smoking" or "no drugs" policy? I'm not interested in growing, only smoking a small amount every day.

I guess this isn't so much a legal question as an etiquette one. I just want to know what the general stance is on this. I'm sure there are plenty of MMJ patients who rent homes with no smoking policies. How do you handle this issue? Yes, I understand I can use a vaporizer or cook edibles, but I really prefer to smoke my medicine. I mean, if CA eventually goes the way of legalization, how are they going to work this into rental agreements? I'm sure there are plenty of people like me who shun tobacco across the board yet still want to be able to smoke MMJ in the privacy of the homes they live in. Shouldn't there be special rules for us? What, do I just say I'm a non-smoker and go about with my business since it's so vastly different from the kind of smoking these policies were created for? Do I ask them if they'll allow occasional smoking with an additional cleaning deposit even though it has nothing to do with tobacco? Do I tell them up front I'm an MMJ patient and see what their reaction is?

This just really sucks because so far I've been searching high and low for listings that allow smoking (tobacco, I assume) and the only ones I've found are the trashiest places where I would in no way want to live. What do you think? Am I making this unnecessarily complicated? I really don't like having to be "sneaky" but I also don't want to limit my housing choices to only the crappiest dumps in town. I'd also prefer not to even have to bring this up with potential landlords but I understand if that's the case. What really is the case then? What does everyone else in my position do?

Here are the facts:

1) Many people in CA legally smoke MMJ at home
2) Many of these people rent their homes
3) Most of these homes have non-smoking policies
4) Most of these people don't vaporize or smoke outside

So... WTF? If I'm wrong about these facts, please educate me. I want to understand so I can make an informed decision about what to do.

[jamessr]

So I've posted in a few other forums about this and I'm trying to get as many opinions as possible. Sorry if this is a bit long-winded but that's just how I write/talk. If you don't want to read all this, just skim it and then skip down to the numbered list at the bottom. Thanks!

I'm going to be renting a home for the first time and I'm confused about something. I live in California and just about every housing listing I see says "no smoking." When it doesn't say anything about it and I ask what their smoking policy is, they almost always say they prohibit smoking inside the home. Now, while I'm not a cigarette smoker, I am an MMJ patient and do smoke marijuana daily. This is not something I care to bring up with potential landlords as it's my own personal business and I am legally allowed to medicate under California law. I believe these "no smoking" policies are there to prevent smoke damage from regular tobacco use which isn't something I'm interested in doing at all. I smoke my MMJ with a water pipe so the only smoke emitted is that which I exhale and I only smoke a few bowls a day at most so there's no steady stream of smoke in the air like there would be if I smoked a joint or something. I also know that marijuana smoke doesn't linger or set into fabrics like tobacco smoke does. So here's my question: would I really be violating a no smoking policy with this behavior? Am I obligated to disclose my MMJ use to a potential landlord if they have a "no smoking" or "no drugs" policy? I'm not interested in growing, only smoking a small amount every day.

I guess this isn't so much a legal question as an etiquette one. I just want to know what the general stance is on this. I'm sure there are plenty of MMJ patients who rent homes with no smoking policies. How do you handle this issue? Yes, I understand I can use a vaporizer or cook edibles, but I really prefer to smoke my medicine. I mean, if CA eventually goes the way of legalization, how are they going to work this into rental agreements? I'm sure there are plenty of people like me who shun tobacco across the board yet still want to be able to smoke MMJ in the privacy of the homes they live in. Shouldn't there be special rules for us? What, do I just say I'm a non-smoker and go about with my business since it's so vastly different from the kind of smoking these policies were created for? Do I ask them if they'll allow occasional smoking with an additional cleaning deposit even though it has nothing to do with tobacco? Do I tell them up front I'm an MMJ patient and see what their reaction is?

This just really sucks because so far I've been searching high and low for listings that allow smoking (tobacco, I assume) and the only ones I've found are the trashiest places where I would in no way want to live. What do you think? Am I making this unnecessarily complicated? I really don't like having to be "sneaky" but I also don't want to limit my housing choices to only the crappiest dumps in town. I'd also prefer not to even have to bring this up with potential landlords but I understand if that's the case. What really is the case then? What does everyone else in my position do?

Here are the facts:

1) Many people in CA legally smoke MMJ at home
2) Many of these people rent their homes
3) Most of these homes have non-smoking policies
4) Most of these people don't vaporize or smoke outside

So... WTF? If I'm wrong about these facts, please educate me. I want to understand so I can make an informed decision about what to do.

Buy a vaporizer. problem solved, vaping is not classified as smoking because no flame or ignition is involved. read the cali smoking act very closely.

[killerweed420]

On the face legally I'm sure they could evict you for smoking of anything in your rental. But this medicine not smoke so you would have a viable legal arguement in a STATE court that you were just administering your medicine and the landlord is violating your legal right to do so. But as always its going to end up in court, costs thousands and be a real pain in the ass.
I would take a differnt route. If evicted file a civil case that your medical rights were violated and you seek financial recourse. It will be easier to find an attorney who will work on commision and an attorney who is working on a commission works like a pitbull. This would accomplish 2 things. You and the attorney would make some bucks and it would start to scare the shit out of any landlords that are doing this. As always, money talks.

[oldhaole]

Aloha,

First off I speak as a landlord, not the stoner I am.
All my properties have a no smoking policy. Buy realy all I care about is getting my rent on time, and that my tenant doesn't trash the place. Cigarette smoke falls under trash the place clause.

If you descretely use your medicine, nobody is the wiser, than more power to you. If you are not as discrete as you say you are, then that's what a damage deposit if for.

It also depends where and from who you will be renting from. Are you looking for a apt. or SFH? Does your landlord or manager live on site? Do you deal with a Mgt Co. or Individual owner?

Since it looks like you have already decided to rent a no smoking place, be the model tenant. Rent a SFH from a individual owner. Killer is right if push comes to shove. But in this rental market it seldom does.

And keep the air freshener close. Unless there is an emergency, your landlord has to give you at least 24 hours notice to inspect. Burn some incense and don't worry about it.

[HighCee]

Thanks for the replies, guys. What you say makes sense. The most ridiculous thing is that I'm probably more sensitive to smell than any other tenant these landlords will ever have. I can't stand artificial scents of any kind whether it be incense, perfume, tobacco, whatever. I've smoked pot in my room every day for years and if there were any permanent lingering smell, I'd surely notice it. There's no "damage" in my room from this as far as I can tell, either. My sister's apartment reeks of patchouli oil yet somehow that's allowed and a few daily bowls of weed aren't? Makes no sense. Oh, and I haven't decided on a place to rent yet. I'm looking for a house, not an apartment, and so far 90-something% of the places say no smoking. I just want to have more options available is all.

[killerweed420]

This is the kind of thing that happens when we allow the thugs to pass ridiculous laws like the smoking laws. I've never been a tobacco smoker but it has never bothered me to be around them and I have no health issues involving my lungs. Second hand smoke is a joke. If you were locked in bathroom with smokers for 10 years maybe you might have some bronchitis issues.

[HighCee]

This is the kind of thing that happens when we allow the thugs to pass ridiculous laws like the smoking laws. I've never been a tobacco smoker but it has never bothered me to be around them and I have no health issues involving my lungs. Second hand smoke is a joke. If you were locked in bathroom with smokers for 10 years maybe you might have some bronchitis issues.

I dunno about that. I mean, it makes sense in public places. Everyone has to breath the same air in those environments. But in the privacy of a home you rent? That's just ridic.

[palerider7777]

i say fuck it just buy a small carbon filter/fan combo and blow whatever you do into that problem solved.