Green Thumbs: Growing Cannabis in Condos
With cannabis now legal in Canada (subject to various restrictions), there is no shortage of cannabis-related discussion topics.
One point to be stressed is that medical cannabis is NOT subject to the same rules and regulations as recreational cannabis. While there is a four plant per household limit for the general population in Ontario, if an individual has been licenced by Health Canada to cultivate their own cannabis for medical purposes, they may not be limited to growing four plants.
There is no set limit to how many plants an individual with a medicinal marijuana prescription and license from Health Canada may be permitted to grow.
A condominium resident with a proven medical need for cannabis may have the right to grow whatever number of cannabis plants is reasonably required to meet that need.
Other condominium residents (without a medical need) can grow as many as four plants – as long as this is not prohibited by the condominium’s governing documents.
Condominium corporations should continue to accommodate any current owners with a medical marijuana prescription accordingly. To prevent possible claims under the Human Rights Code (e.g. for discrimination against a disability), condominium boards will want to be careful in drafting any declaration amendments and rules, recognizing that there may be exceptions for those with legitimate medical marijuana prescriptions and production licences.
Stay tuned to Condo Law News for further updates on the legalization of marijuana and its implications for Ontario’s condominium community.