Law of the landlord

My landlord just sent me a new lease agreement. One of new clauses in the agreement states that I as a renter, shall not “use, possess, smoke, grow, allow others to smoke cannabis”—it goes on and on. Can they do this? Cannabis is legal now, yes? I mean, I get the “no growing part.” I have a small apartment. But no possession? They can’t do that, can they?

—Renton A. Domicile

Dammit. Unfortunately, it would seem as if your landlord is well within their rights to tell you not to use cannabis on their property. Someone with common sense might think that with cannabis possession being legal these days, no one should be able to tell you that you can’t keep weed in your house, but there are no protections for pot smokers.

I asked the esteemed lawyer James Anthony, cannabis activist and expert on cannabis and property law, if landlords could prohibit cannabis possession and he said, “Why not? They can already say ’No dogs, no waterbeds, no booze, no cigarettes and no parties.’ Unless there’s a state law otherwise. But I don’t think either [the Medical Marijuana Regulation and Safety Act] or Prop. 64 protects pot smokers at work or in the rental market. Our work is not yet done. Step by step.”

So there you have it. Your landlord can indeed require that you refrain from having cannabis in your house or apartment. What are your options? You could always move. Or you could remember that this clause is another one of those things that is easy to enact, but hard to enforce. Your landlord can’t just barge into your place looking for evidence of pot use. Cannabis use is probably easier to hide than that little, yappy dog or that old, smelly cat that your neighbor sneaked into the building last year. Get some dryer sheets and stuff them into a cardboard tube. Exhale your smoke through the tube and instead of complaining about you being an evil, smelly stoner, your neighbors will thank you because your place always smells like fresh laundry. Good luck.

Any new laws coming down the pike?

—Ahn Topofvit

There are currently four marijuana related bills floating around the legislature: Assembly Bill 6 (Tom Lackey, D-Palmdale) and Senate Bill 65 (Jerry Hill, D-San Mateo) both deal with driving under the influence, while AB 64 (Rob Bonta, D-Oakland) and AB 76 (Ed Chau, D-Monterey Park) tackle cannabis advertising regulations.

These bills are all brand new, and not much movement has happened yet. IMHO, AB 6 is one to watch. This bill “would authorize an officer to use a preliminary oral fluid screening test that indicates the presence or concentration of a drug or controlled substance as a further investigatory tool in order to establish reasonable cause.” In plain English: They want to test your spit to see if you are too stoned to drive, Never mind that these tests have proved to be unreliable and there is no established threshold to prove marijuana impairment. I will keep an eye on it and let you know what’s up. Be careful out there.