Marijuana around commercial properties

4 Replies

Has anyone experienced an issue with tenants or tenants' employee/vendors smoking marijuana in states that have made it legal?  I have one tenant complaining about occasional smell of marijuana.  I think it's coming from the employee of another tenant.  Of course, this being California, not sure I can even restrict the use, due to the "medical marijuana" excuse.  

This hasn't reached a problem status yet, but just thinking ahead as it may get there.

It's a tricky question and one best suited for a real estate attorney well versed in marijuana statutes. I would recommend Vicente Sederberg, LLP, even a quick google search will tell you what you need to know about their experience.

Here in Colorado I have not seen an issue regarding marijuana smoke specifically. I would venture a guess though that the same restrictions against second hand tobacco smoke apply. I have read articles regarding complaints from neighbors through the Clean Air Act or similar local laws that limit the effects of any smoke. There may also be a provision in any association docs or lease documents that talk about quiet enjoyment. I have seen people sue associations who did not limit smoke from neighbors.

By Jan, smoking inside an apt or leased unit will be legal. And I think it’s legal now if they have a card. But by Jan, from stories, you can do it legally as long as it is not declared public, so offices count.

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