I own a condo. Can I use cannabis or grow cannabis plants in my unit or on common property?
It depends. A condominium corporation can make bylaws and rules restricting the behaviour of owners and occupiers (including renters) in condo units as well as when using the common areas. Some condominium corporations have completely banned smoking or vaping cannabis and growing cannabis plants in units or on common property.
Review your condominium’s bylaws and rules to find out what you are allowed and not allowed to do.
Last Reviewed: June 2019
I am renting a property. Can I use cannabis or grow cannabis plants in my rental unit?
It depends. Landlords, property owners and rental companies can limit or prohibit a renter from using, growing, smoking or vaping cannabis on their property. Some landlords have already banned smoking and growing cannabis in rental units, whereas other landlords allow you to grow plants and eat edibles in units but not smoke or vape.
The rules that apply to you can be found in your rental agreement or any rules the landlord makes for all tenants.
If you are renting a condominium unit, you must also obey the bylaws and rules set by the condominium corporation. You should review your lease agreement and the condominium corporation’s rules for restrictions on cannabis. Your lease agreement with the owner of the condo unit may not allow you to consume or grow cannabis in the unit even if the condominium corporation allows it. Or your lease may not say anything about growing or consuming cannabis but the condo bylaws might prohibit it.
Last Reviewed: June 2019
What if I am properly registered for medical cannabis? Can I use cannabis or grow my own cannabis plants in my unit?
Maybe. This is still a new area of law without much direction from the government or the courts. It is not clear at this time if a property owner, landlord, condominium corporation, or rental company can stop someone from using medical cannabis or growing cannabis plants for medicinal purposes if they have proper authorization.
This could become a human rights issue if you face prohibitions that are not reasonable or justifiable.
Last Reviewed: June 2019
My landlord suddenly wants to ban tenants from smoking or growing cannabis. Can they do this?
When it comes to new tenants, a landlord can make new rules. But it gets more complicated when a landlord is making new rules for existing tenants.
A lease is a contract and once it is signed, both landlord and tenant are responsible for fulfilling it. A lease can only be altered if both parties agree to the change.
Some lease agreements state that the tenant must obey rules that the landlord may make from time to time. If this is the case, then the landlord can make a rule banning cannabis, just the same as the landlord has rules regarding cigarettes, pets, etc. You should consult a lawyer if you have questions about changes or rules your landlord is making.
If you are renting a condominium unit and the condominium corporation makes bylaws restricting using or growing cannabis, then you must follow these bylaws.
Last Reviewed: June 201
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