By Denise D. Iger, Esq.

adults and established regulation of cultivation, sale and taxation of the drug. In doing so, the personal use and cultivation of marijuana became legal on November 9, 2016. While marijuana is available for those who use it for medical purposes, recreational marijuana will not be available for legal sale until 2018. As it becomes more readily available, volunteer directors, managers and attorneys will need to start thinking about how marijuana smoke will impact residents within homeowners associations.

Te new regulations regarding marijuana are found primarily in California Health and Safety Code section 11262.1. Tey begin with the basic principal that it is not a violation of state or local law for any person 21 years of age or older to smoke or ingest marijuana or marijuana products. However, there are a number of notable exceptions. Section 11362.3 provides that a person may not smoke or ingest marijuana or marijuana products in a “public place,” with some

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MARY JANE, MAUI WOWIE, CANNABIS, OH MY! O

Legalization of Marijuana and What it Means to California’s Homeowners Associations

n November 8, 2016, Californians voted to approve Proposition 64, which legalized recreational marijuana for

exceptions. Te term “public place” is not defined, leaving room to question whether the common areas of a homeowners associations are considered public or private spaces under the law. Further, there are restrictions related to consumption near schools, daycare centers, and youth centers, even when the location of consumption is not public.

In places where the law describes the right to cultivate or grow marijuana, the law provides that cultivation may be performed in a private dwelling or on the “grounds” of the private dwelling. Te term “grounds” is not used in the context of consumption, only in the context of cultivation. Tus, it is not clear whether the law was intended to allow smoking in private outdoor spaces. It is more likely that if it is a private space, marijuana consumption will be allowed. In contrast, a shared space, like the common area, is likely considered a “public place,” meaning that marijuana ingestion could likely be prohibited in common areas. Unfortunately, with the ambiguous language used in the new laws, it is difficult to know with certainty, and perhaps as the new law is implemented we will see clarification of this issue.

March / April 2017