Smoking and Cannabis in California Rentals — What the Lease Can Actually Restrict

§1947.5 — the state framework

Civil Code §1947.5 expressly authorizes California landlords to prohibit smoking on residential rental property. The lease has to state the policy — whether smoking is prohibited everywhere, in some specified areas, or unrestricted. The policy applies to all tenants and guests. Enforcement runs through normal lease-violation channels (3-Day Notice to Cure or Quit).

"Smoking" in §1947.5 covers tobacco, cannabis, and any other combustible. The statute uses inclusive language. Cannabis smoking is no different from tobacco smoking under §1947.5.

Cannabis after Prop 64

Proposition 64 (2016) legalized adult-use cannabis in California, but it didn't override landlord property rights. Two restrictions are particularly common in residential leases:

• No cannabis smoking. Enforceable under §1947.5.
• No cannabis cultivation. Enforceable as a separate lease term. Prop 64's six-plant cultivation right is expressly subject to lease and local-ordinance restrictions.

Most professionally drafted leases prohibit both. Cultivation in particular creates moisture, electrical load, and odor issues that affect adjacent units — the violation costs the landlord money to remediate. A no-cultivation clause is enforceable and worth including.

Local smoke-free multi-unit housing ordinances

A number of California cities require all multi-unit residential rentals to be smoke-free, regardless of what the lease says. The exact rules vary by jurisdiction — some prohibit smoking in units, some in common areas, some both. Verify the current rule on the city's housing program page before relying on the lease alone. Local ordinances stack on top of §1947.5; they don't replace it.

Medical cannabis and FEHA

Tenants occasionally argue that medical cannabis use requires a reasonable accommodation under FEHA or the FHA. California case law has generally rejected this. Cannabis remains a Schedule I controlled substance under federal law, and landlords are not required to accommodate use that violates federal law. A no-smoking and no-cultivation policy is enforceable against medical users.

The narrow carve-out is non-combustible forms — edibles, oils, tinctures — where the use doesn't actually involve smoking and doesn't violate the lease's no-cultivation clause. Those typically can't be prohibited solely because they involve cannabis.

Enforcement

Smoking or cultivation in violation of the lease is a curable lease violation. Standard procedure:

1. Document the violation. Photos of smoking on the balcony, photos of grow setups, odor reports from neighbors with dates and times, security camera footage if available.
2. Serve a 3-Day Notice to Cure or Quit under CCP §1161. Cite the specific lease clause and the specific conduct.
3. If cured: keep documentation in the file. A repeat violation typically supports a 3-Day Unconditional Quit on grounds of repeated material breach or nuisance.
4. If not cured: file unlawful detainer.

Common questions