Cannabis Rule Change: A Loophole in the Smoke-Free Multifamily Ordinance?

The Department of Justice has proposed to regulate cannabis more like Tylenol plus codeine instead of hard drugs like heroin, cocaine, and methamphetamine. Makes sense! Cannabis always seemed out-of-place on the schedule I controlled substances list. But the proposed reclassification to schedule II may open the door to the smoking of marijuana in multifamily housing. That is not allowed in Beverly Hills even for Cannabis medical consumption. If the new DOJ rule takes effect we might well smell weed wafting through our hallways.

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If Recreational Marijuana is Legal, Why Can’t I Smoke It?

City of Beverly Hills in 2017 adopted a strict no smoking policy that extends to private spaces in multifamily buildings (including condominiums). The ban includes marijuana and the use of electronic smoking devices too. So despite voter approval in 2016 of the Adult Use of Marijuana Act (Proposition 64) the recreational use of marijuana in apartments is prohibited by the city. That may frustrate would-be stoners yet some households still complain about the neighbors smoking pot. Let’s take a look at this complicated issue.

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Beverly Hills Will Ban Smoking in Multifamily Properties

After winding its way though the policy machinery for the past year, Beverly Hills City Council has unanimously supported a policy to regulate smoking in multifamily properties (including condominium buildings). Councilmembers spoke up strongly on Tuesday in favor of banning smoking in all apartments, for both new and existing tenancies, and will phase-in the prohibition over an accelerated one-year period. That means all smoking ceases in multifamily properties by January 1, 2019.

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