- How much Cannabis can be grown legally in a residence
once it becomes legal?
Four Cannabis plants may be grown in each residence. This includes apartment or
condominium units. Under Federal legislation, this could also include an
outside garden that is part of a home. The Provinces will each determine
whether to permit this outside growing.
- Will there be any standards as to what constitutes
“safe” growing of Cannabis
Right now there do not appear to be any regulations in place. You will
undoubtedly see “tool kits” or “indoor tents” being marketed for this purpose,
with marketing claiming that this will not create mold behind the walls, for
example. Still, professional electricians will likely be required for this,
including preparing proper ventilation from the plants to the outside, as
additional protection against mold.
- Should a seller and real estate agent disclose the past
existence of Cannabis plants on the property, if it is legal?
In my opinion this will be an issue as to whether it can be classified as a
material latent defect, which would have to be disclosed. Since mold behind the
walls that the seller knows about could satisfy this test, there will likely be
litigation when it is not disclosed and problems arise after closing.
- Can you stop a tenant from smoking Cannabis or growing
cannabis plants?
Even though it is legal, you can include a clause in a lease to stop any
tenant from smoking or growing Cannabis on the premises. This should be
inserted into every lease. If the tenant then smokes, it will be easier to
evict them. While medical Cannabis users may raise human rights issues, it is
still better to have this clause in the lease right from the start to have a
defence.
- What will condominiums do to stop Cannabis from being
smoked or grown?
Some condominiums are already passing rules to stop any kind of smoking,
whether cigarettes or Cannabis and growing of any Cannabis Plant. Others may
set aside an area of the building for users, or just for medical Cannabis
users. Others may just wait and see and attempt to rely on provisions in
Condominium Law that you cannot commit a nuisance to your neighbours. Then, if
the smoking is bothering your neighbours, they can bring action to get you to
stop.
Mark
Weisleder is a Partner, author and speaker at the law firm Real
Estate Lawyers.ca LLP. Contact him at mark@realestatelawyers.ca
or toll free at 1-888-876-5529