As the move to legalize marijuana grows wide spread, including the move to permit recreational uses, the tension between private property rights, including apartment owners and members of common interest communities is being tested. We will look at the difference between regulation of use and cultivation with a unit, the common areas and private property. These reference materials will explore the rights of marijuana users to smoke within their dwellings, the implications of the Fair Housing Acts, how federal courts have looked at the issue and prospects for the future.