How the Nevada County Medical Marijuana Ordinance effects homeowners and tenants

According to Ballot Pedia, “A Nevada County Medical Marijuana Cultivation, Measure S ballot question, also known as the Safe Cultivation Act of Nevada County, was on the November 4, 2014 election ballot for voters in Nevada County, California. It was defeated.  If approved, Measure S would have overturned the county’s Ordinance 2349 – enacted in May 2012 to regulate and restrict the medical marijuana cultivation in the county – and replaced it with new provisions to regulate cannabis growers.”

What does this mean to Nevada County homeowners and Property Managers now that Measure S did not pass?  Essentially, everything stays the same.  Ordinance 2349 remains in effect.  Currently, this ordinance requires that Nevada County Landlords (or Property Managers) must provide the cultivator written and notarized permission to grow marijuana.  The “patient must also post copies of the following outside the cultivation area: State Medical Marijuana ID, doctor recommendation, and landlord’s permission letter”, according to Nevada County Republican Women Federated.  

So, what if you’re a Nevada County Property Manager or Landlord that does not want to allow marijuana cultivation on your Nevada County rental property?  Simple: add an addendum to your lease using the following language: “Because of Federal Laws, it is illegal to grow marijuana on this property.  Tenant understands that marijuana cultivation on the property or in any building(s) located on the property is a violation of both this lease and federal law.  Should landlord or property manager find that tenant is not in compliance, the lease will be considered breach and tenant will be asked to vacate immediately.”  This is a clause that Barrett Property Management adds to all their leases in which marijuana cultivation is not permitted.  

For a complete comparison of the current Ordinance 2349 and the defeated Measure S provided by Nevada County Republican Women Federate, Click the following link:  Medical Marijuana – Comparison of Current Code (Ordinance 2349) and Measure S. Provided by: Nevada County Republican Women Federated.