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.

@Daniel Chang so the MJ law in CA stipulates where it can be used. Here is a LA Times article about that. Items 2 and 3 cover some of your concerns.

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.

Create Lasting Wealth Through Real Estate

Join the millions of people achieving financial freedom through the power of real estate investing

Start here