Legal Question in Real Estate Law in California

Why would you refuse to rent to them? What's wrong with someone "openly":saying they use medical marijuana? It's certainly nothing to be ashamed of. If they were my client I would help them sue you for disability discrimination.

I'd be happy to take your case against Mr. Stone. You are not discriminating against them based on their disability, but rather their decision to use a treatment that is a Federal crime. Medical marijuana is not legal just because California says it's not against state law. You are entirely within your rights not to rent to someone who openly states that they will commit a Federal crime in your property, and to evict someone who doesn't openly state that they will, but then does. If they are growing for themselves and/or a "co-op," you could also be subject to seizure of your property by the Feds. Highly unlikely, but legally possible.

I agree with Mr. McCormick. You can refuse to rent to someone for a good reason, or for no reason at all, but not for a bad reason. The list of recognized "bad reasons" is pretty short, and would include the familiar member-of-protected-class discrimination rules, including disability. Medical marijuana users are not a protected class. They are lawbreakers. The Federal laws criminalizing all uses of marijuana may be bad laws.....but they are nevertheless laws.

I agree with Mr. McCormick and Mr. Whipple. You can refuse to rent to them. There are plenty of potheads out there for them to find a place to rent.