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.