02 - Laserfiche WebLink

law.4 The state has considered different approaches regarding the use of medical marijuana in multifamily housing situations.5 However, as the state has not adopted a specific rule regarding this issue, the City is not preempted from adopting its own ordinance. In considering the health interests of residents of multifamily rental apartments, as well as concerns regarding persons with medical conditions who can benefit from smoking medical marijuana, the following options are available: Option 1 — Accommodate Inside. On June 20th, it was proposed to allow medical marijuana smoking inside of a unit as a reasonable accommodation when a tenant "...provides written documentation sufficient for a landlord to determine that such person needs to smoke medical marijuana for medical or therapeutic purposes and no alternative means of ingestion or delivery are available...". In introducing Ordinance No. 2164 on June 20th, the Council adopted Option 1 as a reasonable accommodation, but added the requirement that a person seeking such an accommodation also document the inability to smoke outside. (See Attachment 1, pg. 5, §9.26.030.B.3.; this Option 1 was part of Ordinance No. 2164 that was modified and introduced on June 20th.) Option 2 — Accommodate Outside. Also discussed on June 20th was allowing a tenant to smoke medical marijuana outside of the tenant's unit, but still within the area of the apartment complex where smoking is allowed (if the apartment owner has voluntarily established such an area). This Option 2 is also proposed as a reasonable accommodation when the tenant demonstrates that the tenant cannot ingest or receive medical therapeutic benefits of marijuana in another manner. The text for Option 2 is shown in Attachment 1 (see pg. 6, in §9.26.030.B.3.). Option 3 — Prohibit. A complete ban on medical marijuana smoking is also an option. As marijuana is already included in the definition of "smoke" (see Attachment 1, pg. 4 in §9.26.020.H.) both medical marijuana and recreational marijuana would be subject to the smoking restrictions in the ordinance. To clearly prohibit medical and recreational marijuana smoking in a designated smoking area (if the apartment owner has voluntarily established such an area) proposed language for such prohibition is shown in Attachment 4 See Cal. Health &Safety Code §11362.79: "This article does not authorize a qualified patient ...to engage in the smoking of medicinal cannabis under any of the following circumstances: (a) In a place where smoking is prohibited by law. (b) In or within 1,000 feet of the grounds of a school, recreation center, or youth center, unless the medicinal use occurs within a residence. ..." 5 In 2016, legislation (AB 2003, Wood)was proposed to limit landlords' ability to"...impose conditions or prohibitions that effectively deny a patient the ability to vaporize medical marijuana, as recommended by a physician for medical purposes...". That legislation was not adopted. Also in 2016, the California Department of Fair Employment (DFEH) considered an interpretation of"reasonable accommodation"to include: "For purposes of this article, any request for a waiver of a"no smoking" rule in order to utilize medical marijuana in compliance with the Compassionate Use Act of 1995 (Cal Health & Safety Code §11362.5 et seq.) shall be deemed reasonable and shall be granted, unless the nature of the housing facility prohibits it, such as a sober living or recovery home." This DFEH interpretation was also not adopted. Page 3 of 4