continue to be a hot topic. Seems like everyone has an
opinion on it:
But what do condo dwellers think of it? Should condos
be able to “regulate” the consumption and growing of cannabis in their complex?
In this post, we share the results of our exclusive Condo Adviser survey on this question.
Federal level
The Cannabis Act, regulating possession
and consumption of cannabis, was introduced in April 2017. The Senate passed
the bill last March. While the implementation date is still a moving target, it
is expected that, this fall, Canadians aged 18 years or more will be able to:
- purchase cannabis product;
- possess
and share up to 30 grams of dried cannabis; and
- grow
up to 4 cannabis plants at home.
Provincial level
Provinces are responsible to look after the
implementation and regulation surrounding the distribution and retail sale of
cannabis. They have the authority to increase (but not decrease) the minimum age
of possession and may impose additional restriction surrounding cultivation.
Finally, provinces can set additional restriction related to where cannabis can
be consumed.
Ontario announced
its framework for
cannabis, restricting its
consumption to private residences, setting the minimum purchase age at 19 and
establishing a provincial retail model operated by a subsidiary of the LCBO. By
way of comparison, Quebec and Manitoba are
prohibiting the growing of cannabis in private residences.
Municipal level
Provinces will be able to extend certain regulatory
authorities to municipalities. For this reason, cities are also turning their
minds to the question of cannabis legalization.
The City of Ottawa‘s Public Health
Officer proposes prohibiting any form of cannabis smoking in condos,
apartments and balconies in all multi-residential buildings. The city of Toronto issued
a full report on the question in Septembre 2017. The city
of Calgary is recommending a
ban on public consumption.
The city of Hampstead is moving to ban any form
of smoking (tobacco
or cannabis) on all streets, sidewalks and public parks.
What about condos?
So, this leaves us with the 4th level of government:
condos. What can they doing about it?
There can be no doubt that condos can regulate the
smoking and growing of cannabis on their property … even within units. This can
be done through an amendment of the declaration or through the adoption of
rules. Indeed, condo boards can make rules that:
- promote
the safety, security or welfare of owners;
- prevent
unreasonable interference with the use and enjoyment of the units or the
common elements.
This ability to regulate activities within one’s own
unit is not new. Think about other existing rules:
- limiting
or restricting the breed or size of pets;
- prohibiting nuisance;
- prohibiting
the smoking of tobacco;
- prohibiting BBQs on balconies;
- ….
even dictating the colour of your blinds.
Ultimately, the question behind any restrictions in
condos comes down to what a specific community wants to see implemented at their
condo corporation. A good way to determine what will be acceptable to your
condo community is to enter into a dialogue with owners or to conduct a survey.
This is exactly what we decided to do at the Condo Adviser!
What do condo dwellers think of condos regulating
cannabis?
Last August, we launched a survey on cannabis in condos. Today, we share some of the results (as of the
date of this post).
It is interesting to see that the vast majority of our
respondents (87%) are of the view that condos should be able to regulate the
consumption and growing of cannabis.
Also of interest, 79% of respondents support a full
ban (with or without some exception for medical consumption). On this, it is
important to note that allowing exceptions for medicinal use is not an option.
Condominium corporations have a duty to accommodate bona fide disabilities,
short of undue hardship. But what constitutes a bona fide request for
accommodation and how to deal with them is an entirely different post in and of
itself.
The legalization of cannabis, and its expected impact
on communities across the country, continue to be a hot topic. Seems like
everyone has an opinion on it:
But what do condo dwellers think of it? Should condos
be able to “regulate” the consumption and growing of cannabis in their complex?
In this post, we share the results of our exclusive Condo Adviser survey on this question.
Federal level
The Cannabis Act, regulating possession
and consumption of cannabis, was introduced in April 2017. The Senate passed
the bill last March. While the implementation date is still a moving target, it
is expected that, this fall, Canadians aged 18 years or more will be able to:
- purchase cannabis product;
- possess
and share up to 30 grams of dried cannabis; and
- grow
up to 4 cannabis plants at home.
Provincial level
Provinces are responsible to look after the
implementation and regulation surrounding the distribution and retail sale of
cannabis. They have the authority to increase (but not decrease) the minimum
age of possession and may impose additional restriction surrounding
cultivation. Finally, provinces can set additional restriction related to where
cannabis can be consumed.
Ontario announced
its framework for
cannabis, restricting its
consumption to private residences, setting the minimum purchase age at 19 and
establishing a provincial retail model operated by a subsidiary of the LCBO. By
way of comparison, Quebec and Manitoba are
prohibiting the growing of cannabis in private residences.
Municipal level
Provinces will be able to extend certain regulatory
authorities to municipalities. For this reason, cities are also turning their
minds to the question of cannabis legalization.
The City of Ottawa‘s Public Health
Officer proposes prohibiting any form of cannabis smoking in condos,
apartments and balconies in all multi-residential buildings. The city of Toronto issued
a full report on the question in Septembre 2017. The city
of Calgary is recommending a
ban on public consumption.
The city of Hampstead is moving to ban any form
of smoking (tobacco
or cannabis) on all streets, sidewalks and public parks.
What about condos?
So, this leaves us with the 4th level of government:
condos. What can they doing about it?
There can be no doubt that condos can regulate the
smoking and growing of cannabis on their property … even within units. This can
be done through an amendment of the declaration or through the adoption of
rules. Indeed, condo boards can make rules that:
- promote
the safety, security or welfare of owners;
- prevent
unreasonable interference with the use and enjoyment of the units or the
common elements.
This ability to regulate activities within one’s own
unit is not new. Think about other existing rules:
- limiting
or restricting the breed or size of pets;
- prohibiting nuisance;
- prohibiting
the smoking of tobacco;
- prohibiting BBQs on balconies;
- ….
even dictating the colour of your blinds.
Ultimately, the question behind any restrictions in
condos comes down to what a specific community wants to see implemented at
their condo corporation. A good way to determine what will be acceptable to
your condo community is to enter into a dialogue with owners or to conduct a
survey. This is exactly what we decided to do at the Condo Adviser!
What do condo dwellers think of condos regulating
cannabis?
Last August, we launched a survey on cannabis in condos. Today, we share some of the results (as of the
date of this post).
It is interesting to see that the vast majority of our
respondents (87%) are of the view that condos should be able to regulate the
consumption and growing of cannabis.
Also of interest, 79% of respondents support a full
ban (with or without some exception for medical consumption). On this, it is
important to note that allowing exceptions for medicinal use is not an option.
Condominium corporations have a duty to accommodate bona fide disabilities,
short of undue hardship. But what constitutes a bona fide request for
accommodation and how to deal with them is an entirely different post in and of
itself.
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