Marijuana Laws Affecting Nevada County Property Managers and Landlords

Every month, Barrett Property Management Nevada City receives the California Real Estate magazine (the official magazine of the California Association of Realtors).  california association of realtors  In the September 2013 edition, an article caught my attention that is a current and ongoing issue in Nevada County.  This article talked about the legal aspect of marijuana laws and how they affect property rights.

Some of you may recall the article I wrote titled: Grass Valley Property Management: Uniqueness and Concerns.  In this article I briefly addressed the Nevada County medical marijuana cultivation ordinance.  Although the purpose of the local ordinance was to establish regulations regarding the manner in which marijuana may be cultivated, it does not address the federal law.  Proposition 215 affects Nevada County CA landlords

The article titled Marijuana Laws Affecting REALTORS, in the September 2013 edition of the California Real Estate magazine, talks about this topic.  It goes on to say that “Realtors who are property managers are sometimes asked by tenants as to whether the landlord will permit them to consume or grow marijuana on the premises.  Is the landlord required by law to accommodate the tenant?  The answer is ‘no’ under federal law.  A federal appellate court has recently ruled that the use of medical marijuana is not protected by the federal Americans with Disabilities Act (ADA).”