CARLSBAD, Calif. — Starting January 1, smoking of all kinds could soon be outlawed inside or outside of apartments, condos and other multi-unit homes in Carlsbad.
Smoking also will not be allowed on private balconies, porches, decks, patios and common areas, unless designated as a smoking area. The ordinance is meant to reduce injuries and deaths caused from secondhand and thirdhand smoke.
"I think it makes sense, smoke inside stains whether its cigarette smoke, weed or what have you," Carlsbad resident Lorja said.
Not all agree.
"I think that’s wrong, I think everyone has their own right to do what they want to do in their own place," Carlsbad resident Paul said. "That’s why we have walls, that’s why we have windows."
Jackie Bryant is a cannabis journalist and content strategist at San Diego Magazine. She said this ordinance is bad news for Carlsbad renters.
"Prop 64 allows for you to be able to consume cannabis inside your own home," she said. "So if you're renting, that's your home."
She said advocates argued it's discrimination against renters and people who don't own their property because they legally don't have anywhere else to smoke.
"If you go to a dispensary and you buy cannabis and you rent an apartment in Carlsbad, you literally will not be able to legally smoke it anywhere," Bryant said. "It completely undoes the legislation that Californians voted in 2016 to protect this."
Since it's up to landlords and tenants to uphold the rule, it's hard to tell how strongly it will be enforced.
"I think it may be hard to enforce as a landlord, because how often are you gonna look upon your tenants and that may create distrust," Lorja said.
"Currently we do have a complaint among neighbors about someone who smokes," Carlsbad renter Paul said. "I wouldn’t be surprised if they took action."
"It puts landlords in a public safety and security position, like a law enforcement position almost, and that's very awkward and strange and it changes the relationship inherently between tenants and landlords," Bryant said.
The ordinance was approved by Carlsbad City Council July 30, a second reading is required before it is officially adopted. CBS 8 reached out to the City of Carlsbad, but they were not available for an interview. They will be notifying tenants, landlords and property owners over the next five months.
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