Can You Get Evicted If Caught Smoking Cannabis In California?

1
Can You Get Evicted If Caught Smoking Cannabis In
California?
Presented by Online Medical Card
2
Do you smoke cannabis?
IF YES, WHERE DO YOU SMOKE IT?
Most often, the answer would be within a private
area where you are not in view of the general
public. But what if your landlord does not allow
smoking cannabis in the building? Can you get
evicted for smoking weed? Its no secret that the
recreational and medicinal use of cannabis in the
state of California is legal. In
fact, California is home to the nations largest
legal pot market. But still, many cannabis users
run afoul of state and federal laws, which puts
them in a dilemma of how and where to consume
cannabis legally.
3
If you are a medical marijuana enthusiast and are
looking to rent an apartment or home, you must be
wondering if you can legally smoke it in your
home. Well, the answer is not that simple or
straightforward. For a cannabis user, renting an
apartment is all about the legal agreement you
sign with your landlord when moving into it.
Landlord-tenant rights, insurance policies, and
obligations are less about your landlords
thoughts on cannabis and more about your
agreement policy.
Does your landlord have the right to evict you?
First of all, its important to understand
whether your landlord has the right to evict you.
Here, we are talking about a fixed term
residential tenancy. Monthly tenancies are not
often applicable in such scenarios as landlords
do not need a cause to evict tenants.
4
In contrast, a fixed-term tenancy binds the
tenant and the landlord for a particular time
period (e.g. 1 year or more). So ending the lease
prematurely is considered a breach of contract.
If the landlord wants to terminate the contract
with the tenant, the only option is to provide a
3-day notice.
THESE ARE THE TWO TYPES OF 3-DAY NOTICES

• Notice to perform covenant or quit
• Notice to quit

The first option gives the tenant an opportunity
to fix the problem, whereas the second required
the tenant to leave the premises within 3 days.
However, to legally evict the tenant with a
3-days notice, the landlord must have a valid
reason.
5
Medical Marijuana Legalization
By now, everyone knows that medical marijuana is
legal at the state level but remains illegal
federally.
In the state of California, medical marijuana
is legal but federally, it is considered as a
Schedule I drug and can get you in trouble if you
are caught smoking or possessing it.But because
of the haze around the facts, people often find
themselves confused about whether it is safe to
consume or possess it in your house. When you are
living as a tenant, things may get a little
tricky.
First, you need to know whether eviction actions
fall under state law or federal law. Eviction
actions, also known as unlawful detainers,
generally fall under the state law which means
the state courts usually comply with their state
laws.
6
Secondly, you should know how much cannabis you
are allowed to possess. According to California
law, you are allowed to possess a certain amount
of cannabis if you have a medical marijuana card.
However, if you fail to obtain a recommendation,
possessing more than an ounce of cannabis becomes
illegal. The last thing you should know about
whether possessing cannabis illegally is enough
to get you evicted from your rented house. In the
state of California, a person who possesses 28.5
grams of cannabis is only guilty of an infraction
but possessing more than that is a felony
according to the Health Safety Code 11357.
Caught! Can You Get Evicted For Smoking Weed?
As mentioned earlier, your landlord has the right
to ask you to leave the apartment on the basis of
a valid cause. Moreover, if your lease agreement
has a clause stating that smoking or
medical marijuana
is prohibited on the premises, you can be evicted
if caught smoking cannabis. Having said that,
tenants have their own rights which if they feel
are getting constricted can take a legal route.
7
Remember cannabis is only legal at the state
level. Any landlord or property owner has the
right to prohibit its use on the premises of the
building. As long as you own a legit
recommendation, you are protected by state law.
All you need to do is look for a smoke-friendly
accommodation.But this time it would be better if
you ask your landlord about smoking cannabis
beforehand. So, do you have the answer to the
question, can you get evicted for smoking weed?
SOURCE
https//tinyurl.com/y5n9dlsz
Thankyou!!