To smoke or not to smoke, that is no longer the
question. However, the question on everyone’s minds these days (well, at least
in Canada) is will tenants be able to smoke weed in their apartments? Will landlords
have the authority to ban marijuana consumptions inside their properties? Who
has the final say when it comes to smoking and renting in Canada? Let’s talk it
out.
From the moment recreational cannabis become
legal in Canada, on Oct. 17, Canadians got the green light to smoke pot in
their private homes, without fearing they’ll have cops bang on their door any
second. However, things were (and still are) somewhat different and more
complicated for renters who live in multi-dwelling buildings.
For now, we’ve got several questions answered:
What Is
the Cannabis Act (Bill C-45)?
The Cannabis Act (Bill C-45) is the new law in
Canada allowing individuals over the age of 18 to purchase and consume
cannabis. With this law in power, adults can buy fresh or dried cannabis,
plants, seeds, and cannabis oil. Despite the right to openly possess and use
Cannabis, Canadians are prohibited from transporting it over an international
border.
Can
Building Management Ban the Use of Cannabis Inside
Apartment Units?
If you are a tenant, you have the right to use
cannabis in a private residence or your unit in an apartment building. It
includes your porch or backyard, as well. Renters are potentially looking at
the possibility of having a ban issued against smoking pot in the place of
their lease. What is more, if their current lease doesn’t allow smoking in the
unit, it usually will apply to marijuana smoking, as well. Laws are different
from one jurisdiction to another, although, if you have signed a contract
stating you can’t smoke on the property, then you can’t.
However, in case your current lease doesn’t already
have a smoking ban in place, your landlord can’t retroactively add a ban.
Landlords are allowed to change contracts for new tenants or once a lease
agreement has ended for their current tenants. You might anticipate some court
challenges coming soon.
Can
Smoking Be Prohibited Altogether per Unit?
There have been plenty of condo corporations
passing bylaws that prohibit marijuana consumption in their buildings. However,
there’s already legal opposition against those bylaws, most commonly from
people with prescriptions for medicinal marijuana. Further, legal fights are
coming from tenants with smoke allergies, too.
How Much
Weed Can I Have?
Adults have the permission to carry up to 30g of
dried cannabis in a “public space.” If you get caught with more than 30g while
out in public, you can face up to five years in prison.
Can I Grow
Weed If I Am a Tenant?
Recreational users can grow
up to four plants per household. The plants
aren’t to be taller than a meter. Some provinces have declared against this
suggestion, arguing that the plants should be grown out of public view while
others have already made home growing illegal. Most landlords are against
tenants growing cannabis in their rental properties and are pushing for a full
ban to be enforced.
While on the one hand, landlords want to give
their renters freedom to carry on with their lifestyle unobstructed and not violate tenants’ laws, they too
want to protect other tenants who’d rather live in a smoke-free environment.
Other than that, some landlords feel strongly against marijuana consumption,
putting them in a peculiar position. Finding the middle ground may take years
of conversations and challenges, and we hope both tenants and landlords will
get their way.
No comments:
Post a Comment