Despite new law, landlords can ban smoking pot

Posted at 5:51 PM, Jan 08, 2018

SAN DIEGO (KGTV) - While cannabis is legal for California adults 21 and over, figuring out where you can smoke isn't so simple. 

To name a few, you can't smoke in public, in a car, and in restaurants. 

It is legal to smoke in the privacy of your home, but that may not be the case if you live in an apartment complex. 

"For me, it's no tolerance, zero tolerance," said Christine LaMarca, a property supervisor with Kevane Co. 

LaMarca prohibits all smoking on her properties: tobacco, hookah, e-cigarettes, and cannabis. 

She changed the policy two years ago after a longtime tenant who did not smoke developed lung cancer. She says every tenant has a right to peace and enjoyment in their own home and that smoking-related issues were disrupting that. 

However, she says the decision is up to individual landlords. 

"There's a lot of choices for renters and many, many landlords don't put these types of restrictions on them. So that's really a matter of shopping," said LaMarca.

If a landlord does want to make a change to the smoking policy, they must give tenants 30-days notice.

"I would very much caution an owner against just prohibiting the smoking of cannabis, that's like saying you can smoke cigarettes but you can't smoke cigars," said LaMarca. 

LaMarca also prohibits tenants from growing marijuana plants because the moisture could cause mold. However, she does not prohibit the use of edibles or cannabis oils. 

On Wednesday, San Diego property owners are invited to a forum to discuss no-smoking policies in apartments.