Q. What type of cannabis activity is allowed in Thousand Oaks?
A.Purchase of Medical Cannabis
The City allows for two cannabis dispensaries, deliveries, and two testing laboratories.
Cultivation up to six plants per residence and possession of the cannabis produced by these plants
All plants and harvest in excess of one ounce must be kept in a locked space not in public view at one’s residence. Cultivation must be located in a private residence or accessory structure that is “fully enclosed and secure.” Landlords may prohibit their tenants from cultivating on their property.
Adults 21 and older may possess, transport, obtain or give away to other adults 21 or older no more than one ounce of marijuana or 8 grams of concentrated cannabis.
Q. Is delivery of cannabis legal?
A. Yes, deliveries are allowed in in all California jurisdictions based on regulations passed by the Bureau of Cannabis Control. A City Permit and Business Tax Certificate are required. Please contact the Finance Department at (805) 449-2201 for application information.
Q. Can you ingest cannabis in public?
A. No. You cannot smoke, vape, or ingest cannabis in any form in a public space.
Q. Does a condo have the right to restrict cannabis use on the property and in the owners' unit?
A. Yes. Refer to the condominium building’s Rules and Regulations and/or CC&Rs in regards to cannabis use.
Q. Does a landlord have the right to restrict cannabis use on their property and in a tenant's unit?
A. Yes. Just as a landlord has the right to restrict tobacco use on the property, a landlord can also forbid cannabis use. The prohibition must be in the lease signed by the tenant, or must be agreed to in writing by the tenant if it is not in the original agreement. But as explained below, an existing prohibition against smoking includes cannabis.
Q. Can a landlord prohibit a tenant from cultivation for personal use event though State allow allows it?
A. Yes. The right to grow plants for personal use covers a residence owned by the individual. In a rental property, the landlord still has the ability to impose restrictions through a rental contract.
Q. Can a tenant use cannabis for medical purposes despite the landlord’s prohibition of cannabis on the property?
A. Yes, if the tenant adheres to certain State law guidelines. The tenant must ask the landlord for a “reasonable accommodation” to use cannabis under State disability law. The request should include a statement from the tenant’s primary care physician that cannabis use is necessary to treat the tenant’s illness.
While the law gives a tenant the right to possess and use cannabis for medical purposes, it does not give the tenant the right to smoke it. In order to smoke cannabis, a tenant’s reasonable accommodation request should include a statement that smoking is a medical necessity and the tenant cannot take cannabis in some other way. In any event, the granted reasonable accommodation must not interfere with any other tenant’s right to quiet enjoyment of the property.
Q. If the lease restricts tobacco smoking but does not address cannabis use, is cannabis use allowed?
A. No. The law specifically does not allow cannabis use in any location where tobacco use is prohibited. However, landlords are advised to address cannabis use in contracts with new tenants to avoid any misunderstandings.
Q. What recourse do I have if my neighbor smokes cannabis in their apartment and I can smell it in mine?
A. Currently the City of Thousand Oaks has no regulation that prohibits smoking cannabis or tobacco in the home. Please contact your landlord or Homeowner’s Association (HOA) if you believe smoking is not permitted in a neighboring unit.
Q. What are cannabis age restrictions?
A. State law requires that individuals cultivating cannabis and/or consuming non-medical cannabis be at least 21 years old. Medical cannabis is restricted to those 18 years or older with a recommendation from their medical doctor.
Q. How does cannabis legalization impact tenants under Section 8?
A. Because federal law views cannabis as a controlled substance, tenants receiving rent subsidies through Section 8 run the risk of losing their Section 8 vouchers if they possess or use cannabis. This is true even when using medical cannabis and even when the landlord permits cannabis use.
What if I have questions or want additional information?