Residential cannabis cultivation prohibited, but sanctions hardly dissuasive

CORPIQ is pleased and relieved with the latest version of the bill, but will continue talks with the Quebec Government to encourage stricter fines and inspection rules.

“CORPIQ was clear in its message to the Quebec Government that residential grow-ops would cause serious rental building management problems and jeopardize the safety of the people living there. This prohibition corrects the federal government’s extremely irresponsible intention that, with a contrary provision in bill C-45, authorizes home cultivation,” stated Hans Brouillette, CORPIQ’s Director of Public Affairs.

However, CORPIQ is disappointed with the first-offense fines (from $250 to $750) for individuals growing cannabis for personal use, as they are much too low to dissuade the illegal behaviour. Further, inspectors are required to obtain consent before visiting a dwelling.

Brouillette said, “While the bill is under study, we will definitely explain to the government the need to step up fines and intervention powers.”

Ban personal cultivation for medical use

CORPIQ also is displeased that individuals with a certificate from Health Canada can still grow cannabis at home.

“Considering it will be possible for anyone to get medical marijuana from a government-implemented commercial network, there is no reason to allow a room in an apartment to be turned into a hydroponic greenhouse,” Brouillette argued. “This would damage units and threaten the building owners’ insurance coverage in particular. What’s more, the authorities do not have tight control over the use of these certificates.” CORPIQ is calling for the federal and provincial governments to close this breach and work toward better cooperation.

Landlords should be able to restrict home use

While 40% of landlords allow smoking in most or all their leases, CORPIQ expects many of them will add a clause prohibiting cannabis smoking, to protect their other tenants.

“We expect that the courts, if that’s where this ends up, will accept lease modifications that put non-smokers’ rights and health above the rights of drug users,” the CORPIQ spokesperson added.

Recall that a CORPIQ survey conducted in January showed that 5% of landlords had already noted at least one tenant growing cannabis, and 42% observed tenants consuming the drug in their building.