You may have noticed a recent uptick in CBD products being sold in Texas. That’s because a state law that went into effect June 10 allows the sale and possession of CBD products that contain less than 0.3% of THC, the psychoactive part of the cannabis plant.
Now that CBD products are legal, can a landlord ban them from his properties? The answer is yes, in the same way that a landlord could ban alcohol from his properties. As the owner, the landlord has the right to exclude activities, products, or even certain animals from his property.
The one caveat to this right is the Fair Housing Act. If the tenant has a disability that requires the use of legal CBD products, then the landlord would be required to make a reasonable accommodation unless he could show that the requested accommodation is unduly burdensome, a fundamental alteration of the landlord’s typical business practices, or that the requested accommodation poses health or safety risks to other tenants or substantial damage to property.
When making the decision to deny reasonable accommodation requests, landlords should seek the advice of a lawyer to understand the risks associated and to make an informed decision.
So a Landlord could prohibit aspirin from his property if he saw fit? Or maybe cough syrup?
You are so correct and I couldn’t have said it better. This is from people who don’t understand exactly what CBD is and does. CBD is not a drug, it doesn’t make you loppy.
Equating banning alcohol to CBD is a false equivalency for starters. CBD at %0.3 isn’t even psychoactive (mind altering) and is used for medicinal purposes and for healing purposes. Had this been written to say that a Landlord may ban CBD as well as banning Low Alcohol Beer (less than %0.5 ABV) is more accurate, however, my question now is, may a landlord ban Low Alcohol Beer? If the answer is yes, then CBD banning would make some sense. But the idea of a landlord banning Alcohol having the same validity as banning CBD is non congruent. CBD at %0.3… Read more »
Insane. Can a landlord ban alcohol, Kava root, Valerian root? If that was my landlord, I am not sure I would want to rent from someone that ignorant
I’m not even going to glorify this with a comment….
Let’s all have a little common sense and agree that we should be concerned about the drugs that are destroying families. CBD is so low on the totem pole it is not worth discussing.
The logical and absurd extension of this is a landlord that is opposed to birth control and wants to ban “the pill”. When will this madness stop….(heavy sigh).
Says Who?? On what grounds?
This is so stupid I don’t even know where to begin! Texas is only a hemp state at this point and operates at .3% (Colorado is .5%). What happens after Feb 1st when cannabis comes into play in Texas and medical marijuana becomes a thing? As it stands now, the Department of Public Safety has stopped accepting applications (probably because they are so overwhelmed). Of course some of the “big boys” got theirs in. Of course a business license in Texas is $488,000 at this point (down from the originally proposed $1.3M). This is why you see so many “online… Read more »
Seems to me that if a tenant objects to a landlord prohibiting CBD, alcohol, near-beer, or plaid socks for that matter, said tenant is free to seek a more accommodating landlord with an alternative property. Property ownership has to mean something.
Exactly! Everyone here seems to be forgetting that he/she is the OWNER of the property.
I agree with you 100%. Unfortunately, the laws don’t allow you to turn down pit bulls or Rottweilers if they have a certificate for an Emotional Support Animal. Heck, the powers that be can make you take a horse as an emotional support animal so where do your property ownership rights stand then? I’m just sayin! We need to get the politicians in Washington and Austin to enact some laws that allow an owner to make a decision on what kind of animals that a landlord must or will accept.
Landlord’s house, Landlord’s rules (as long as it is not a protected class). You don’t like the rules, find another house. Tenants don’t get to dictate the rules. That all being said, I would not ban CBD oil or alcohol or other “legal” items from my rental properties but that is not the point. The point is, that is the landlord’s house and property ownership is king in Texas.
Very well said! I was hoping someone was on my wavelength.
Why would a landlord want to ban something that cause no harm to his property in any way. But instead is having a healing effect on his tenant? It may allow his tenants to work instead of sitting home with pain.
CBD products in the long term will start to replace pharmaceutical products and he might as well get used to it.
If the tenant can’t work I don’t think I want them as a tenant regardless of CBD.
Well the Landlord will have to put it in the lease. I don’t see how the landlord could prevent it in an existing lease! But of course I just a dumb real estate guy so lawyers may make a fortune out of this
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That’s interesting, they treat CBD like an illegal drug I guess.
Does no smoking policy in apartment complexes cover smoking marijuana in Texas? Does one tenant have any health issues and infringement rights against another who is smoking marijuana and it penetrating in first person apartment?