Legal Question in Landlord & Tenant Law in California

I rent a bedroom in my primary residence. As a landlord, I have a prospective tennant that has told me he uses medical marijuana on a daily basis. Do you know what local law enforcement agencies position is on this issue? Is it overlooked for prosecution? Could I be arrested since I will be residing in the same house if he is arrested? On one hand, I don't want to discriminate against someone with a disibility that uses medical marijuana. On the other hand, I don't want to be incumbered with a legal risk. Please help me to understand my possible position.


Asked on 6/29/11, 11:43 pm

1 Answer from Attorneys

Technically it is still a federal crime. Most jurisdictions are not enforcing the federal crime, in deference to the state medical marijuana law, but Orange County apparently is. On top of that, many unscrupulous med/mari users cultivate for sale or resell, either thinking their card covers them, or not caring. If that happens, it would open you up to risk of losing your house due to his rent being paid with drug money. The risk is very slim, but not entirely implausible.

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Answered on 7/01/11, 1:01 pm


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