Existing law, the Medical Marijuana Program, requires the State Department of Public Health to establish and maintain a voluntary program for the issuance of identification cards to qualified patients who satisfy specified requirements with respect to the use of medical marijuana. Existing law provides that the Medical Marijuana Program does not authorize a person with an identification card to smoke medical marijuana under specified circumstances, including in a location at which smoking is prohibited by law.
This bill would also state that the Medical Marijuana Program does not authorize the smoking of medical marijuana where smoking is prohibited by a landlord, as specified. The bill would authorize a landlord to restrict the smoking or vaporization of
medical marijuana within or adjacent to a dwelling unit or other building on the property, provided that the landlord does not impose conditions or prohibitions that effectively deny a patient the ability to vaporize medical marijuana, as recommended by a physician, if the patient is under the care of a parent, guardian, or primary caregiver, as defined.