Can my tenant grow marijuana under Prop 64?

Prop 64 permits personal cultivation of up to 6 plants for adults 21+, but it explicitly allows landlords to prohibit cultivation in their leases. A no-cultivation lease clause is enforceable even within Prop 64's personal-use framework.

What's the procedural path?

Cite the no-cultivation/no-commercial-use lease clause. 3-day cure or quit. Commercial-scale operation (sales, distribution, manufacturing) supports 3-day unconditional quit on illegal-use ground.

What damage does cultivation cause?

Water damage, mold growth, electrical overload, smoke residue, structural alterations for ventilation. Even personal-scale cultivation can damage walls, ceilings, HVAC, and electrical systems. Document at move-out for §1950.5 deduction.

What about medical marijuana?

State law permits use but lease no-cultivation/no-smoking provisions are typically enforceable. Federally cannabis is still Schedule I, so it doesn't qualify as a federal fair housing accommodation. Consult counsel before serving notice on a medical-cannabis-related case.

Insurance implications?

Many landlord insurance policies exclude losses tied to cannabis cultivation. Cultivation damage often won't be covered. Address violations promptly to limit exposure.

Prop 64 · Lease no-cultivation

Tenant is growing cannabis in the unit. Prop 64 doesn't override your no-cultivation lease.

Personal use is legal under Prop 64. Landlords can still prohibit cultivation in the lease, and that prohibition is enforceable. Commercial-scale grows are unconditional-quit territory.

TL;DR

Prop 64 permits personal cultivation (6 plants, adults 21+) but expressly allows landlord lease prohibitions. No-cultivation clause = enforceable. 3-day cure or quit on personal-scale violations. 3-day unconditional quit on commercial-scale operations. Insurance often excludes cultivation losses.

Common questions — cannabis cultivation

Prop 64 protect cultivation?

Personal use is legal, but Prop 64 expressly allows landlord lease prohibitions.

Procedural path?

Cure or quit on lease violation. Unconditional quit on commercial scale.

What damage?

Water, mold, electrical, ventilation alterations. Document at move-out.

Medical marijuana?

Lease no-cultivation typically enforceable. Consult counsel.

Insurance?

Often excludes cultivation losses.