Legal Question in Landlord & Tenant Law in California
Is it grounds for eviction if I grow medical marijuana in my apartment in San Francisco. I have a written recommendation from my doctor and a permit to grow up to 20 plants. Im also concerned about the upstairs neighbors. If they dont agree with me is it still possible to grow. I feel it is none of their concern as this is done for medicinal reasons. I am however taking up about a quarter of the area of our communal garage. What are the rights of the landlord, my upstairs neighbors, and me? Thank You.
2 Answers from Attorneys
Although you are exempt from prosecution under California state law, you are still commiting crimes under Federal law. Accordingly you are exposing your landlord to civil and possibly criminal liability, particularly if the neighbors object. You need to find someplace else to grow.
As Tim says unfortunately the Feds don't have the same view on medical marijuana as our enlightened State does. So therefore you are conducting an illegal activity and the landlord can evict you. Again Tim's right you should grow somewhere else.
Good luck
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