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Can condo boards cancel cannabis?

May 23rd, 2018  |  Canadian Business

As pot —ever so slowly— becomes legal in Canada over the next few months, a downtown condo board is straight up “banning the use of marijuana on building property.” Some tenants are calling out the corporation for “being able to regulate what residents do behind closed doors,” according to CBC.

OneEleven Condos in the King West neighbourhood of Toronto introduced new rules to their residents; the new rules outline cannabis use in the building.

There will be:

  • No smoking pot inside units and common areas
  • No growing pot inside units and common areas
  • No smoking pot on balconies and patios
  • And no deliveries of pot to the building

Apparently, residents with valid medical grounds are exempt from the rule “only if they provide evidence from an Ontario doctor that smoking cannabis is necessary to treat a condition.” Even if someone with medical clearance applies for this exemption, the condo board can request additional information and evidence, and also demand that a resident reconfirm their medical need at any time.

“It becomes a very slippery slope, very quickly,” said condo owner Ryan Barclay. “Because it starts with weed and then who knows what the next thing is. I think that is really the crux of the issue for the majority of people I know.”

Not only OneEleven

Condo corporations all over the city have been struggling to manage the approaching cannabis legalization mandates, looking for ways to protect their property. More condo companies are racing to establish similar rules before pot becomes legal.

The province’s tenancy laws “make it illegal to change a lease before it ends.” The small loophole that condo boards are using is the fact that pot is still illegal until at least July, which means that they can pass whatever rules they want while the substance is illegal -- effectively banning it in writing.

The struggle between condo boards and their residents is even more important when you realize that cannabis will be prohibited in public spaces. Condo residents and owners would be unable to lawfully consume the substance anywhere once it becomes legal.

What do you think? Should condos open self-contained cannabis lounges in each building? Read the rest of the story here.