Marijuana & Fair Housing in Berkeley: Myth vs. Fact

Confusion about marijuana use in rental housing is common, especially in a city like Berkeley, where cannabis is legal under state law and widely used. But when it comes to smoking marijuana in rental units, local ordinances and federal housing law paint a very different picture than many tenants (and some housing providers) expect. 

Myth #1:
“If a tenant has a medical cannabis card, I can’t stop them from smoking marijuana in my unit.”
Fact:
Berkeley’s no-smoking ordinance prohibits all smoking in multi-unit housing, including marijuana. This applies even if a tenant has a medical recommendation. Federal Fair Housing law does not require landlords to allow marijuana smoking as an accommodation.

Myth #2:
“Banning marijuana smoking discriminates against people with disabilities.”
Fact:
Housing providers must consider accommodations, but marijuana itself is not a protected accommodation under federal law. You can deny smoking while suggesting lawful alternatives such as edibles or tinctures.

Myth #3:
“If I don’t mention marijuana specifically in my lease, I can’t enforce the rule.”
Fact:
A well-drafted “no smoking” clause that covers tobacco, marijuana, and vaping is enforceable. In Berkeley, this aligns with city law, and being explicit avoids confusion.

Myth #4:
“Enforcing a no-smoking rule for marijuana is risky; tenants might take me to the Rent Board or Fair Housing.”
Fact:
As long as you enforce your policy consistently and document accommodation requests, you are on solid legal ground. Berkeley law is on your side here.

What Housing Providers Should Do

• Include the City’s No-Smoking Brochure: Berkeley requires this disclosure when renting units in properties with two or more units. Attach the brochure so tenants understand the rules come directly from city law.

• Include the No-Smoking Addendum: Pair the brochure with a signed addendum in your lease package. This reinforces compliance and clarifies enforcement.

• Know the Exemption: Only single-family residences (SFRs) are exempt from the city’s no-smoking disclosure and addendum requirement. All other properties, duplexes, triplexes, fourplexes, and larger, must include them.

• Stay Consistent: Enforce your no-smoking policy uniformly and point tenants toward lawful, non-smoking alternatives for cannabis use.