In California while recreational cannabis is all the rage after January 1, 2018, the California. Medical marijuana laws under California’s “Compassionate Use” Act still provide some benefits.  Including:

  1. Patients with valid medical marijuana ID cards are exempt from paying state sales and use tax applicable to recreational marijuana sales.
  2. Medical marijuana patients can, with a

no-weedMedical marijuana protection is unlikely under California fair housing laws. In Ross v. Ragingwire (2008) 42 Cal. 4th 920, the California Supreme Court held that the FEHA does not protect a fired employee who failed a drug test even though he was also a qualified patient under California’s Compassionate Use Act. The Court held the

ADA wheelchare marijuanaFederal law states that a user of illegal drugs (under Federal law) will not be considered “an individual with a disability” for the purpose of the law (42 USC section 12210).  The exclusion of the use of medical marijuana, even if in conformity with state law, will not be protected by the ADA.  James v.

Should_Your_Rental_Lease_Have_a_Marijuana_Clause_V4-bannerThe lease must expressly prohibit the tenant from engaging in conduct that violates any law, that includes Federal law.  I suggest delineating, “shall not violate any law, including but not limited to Federal, State, or local laws.  Possessing, cultivating and using marijuana in any form remains a violation of federal law even if the U.S.