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In San Francisco, is someone (a tenant) who has a medical

Customer Question
marijuana prescription, allowed to grow...
in San Francisco, is someone (a tenant) who has a medical marijuana prescription, allowed to grow a very small amt on a rental property? the backyard is shared by 9 units, all renters. most of the tenants do not smoke pot. I work as a building mg. and need facts to explain to tenant why they cannot do this.
Submitted: 1 year ago.Category: Landlord-Tenant
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6/29/2016
Lawyer: LawTalk, Attorney replied 1 year ago
LawTalk
LawTalk, Attorney
Category: Landlord-Tenant
Satisfied Customers: 37,855
Experience: I have handled Real Estate and Landlord Tenant matters for more than two decades.
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Good morning,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

As the landlord, you have complete control over the common areas shared by your tenants and you do not have to allow a tenant with a medical marijuana card to grow pot in the common areas of the rental. The simple matter is that they do not have exclusive control over the back yard (which under the law is a common area of the complex) and share it with 8 units as well as all the invitees of those other 8 units.

Although Prop. 215 allows patients to grow their own medicine, as a CA landlord, or representative of the landlord, you are not legally obligated to allow it. Many cities and counties have passed zoning ordinances that restrict where patients can grow, in some cases outlawing cultivation altogether.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

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Lawyer: LawTalk, Attorney replied 1 year ago

Good morning,

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a very nominal charge I can offer you a private phone conference as opposed to continuing in this question and answer thread which is searchable and viewable by the public.

If I have already provided you with the information you asked for, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,

Doug

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Lawyer: LawTalk, Attorney replied 1 year ago

Hi,

Is there anything else I can help you with this morning?

Doug

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LawTalk
LawTalk
LawTalk, Attorney
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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