The right to cultivate the drug does not provide the right to smoke it

The enactment of the Access to Cannabis for Medical Purposes Regulations on August 24 has created quite a fuss. After three years prohibiting the practice—the time it took the Federal Court to invalidate the new law brought into effect by the conservative government—it is now again possible to grow cannabis at home to relieve health issues. However, the person must have a prescription from a medical doctor and must be registered with Health Canada to grow a specific amount.

CORPIQ would like to remind property owners that they still have the right to prohibit smoking in the lease. The items associated with smoking damage units, burn surfaces and create pervasive odours. Smoke itself is also bothersome to other renters in the building. Landlords may request an ordinance or the termination of the lease if a renter smokes marijuana, or any other substance, when the lease specifically prohibits smoking.

Even when a tenant has authorization from Health Canada, it does not mean that growing cannabis in his or her unit is without risk for the dwelling (moisture, electrical system, etc.). CORPIQ recommends that landlords conduct regular inspections of the units, providing at least 24 hours’ notice as required by law. Landlords should also ask to see the tenant’s Health Canada certificate to be sure the activity is legal. Tenants are obliged to use the rented property with care and diligence. The Régie du logement has terminated leases in the past when this condition was not met.

Lastly, we would like to point out that the new federal law goes as far as allowing the person requesting medical authorization to designate someone else to grow the marijuana plants. Landlords may then be faced with a tenant who does not smoke the substance, but grows it in the unit with legal permission.