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Preparing your Condo for Marijuana Legislation

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Preparing your Condo for Marijuana Legislation

A recent CBC article discussed tools that some Ottawa condo corporations are using to address the upcoming legalization of marijuana. You can read the full article here: CBC: Gloucester Condo Marijuana Smoking Ban

Each condominium community is different. Some condo corporations may not feel any new rules are necessary, while others may want to impose restrictions on marijuana use. Each Board should consider their own community and whether new rules are needed to promote the safety, security and the welfare of the community given the upcoming legalization of pot. 

If the answer is yes, the time to act is now. Condo corporations should not wait until pot is legalized before taking steps to ensure that the corporation implements clear and reasonable rules regulating the growing, storage and usage of pot in its various forms.   

Rules about marijuana use, just like rules about smoking and pets, must be reasonable and consistent with the condo corporation’s declaration and by-laws.  In considering whether rules about marijuana use are reasonable, courts will consider the scope of any grandfathering clauses and whether the rule contains exemptions for medicinal marijuana users.

When creating new rules, Boards should also think about whether the proposed rule meets the objective of the rule, by promoting the safety, security and the welfare of the community, while balancing the interests of owners who want to use legal marijuana products in their homes. 

If you have questions regarding this Bulletin, you can contact Laura Glithero at glithero@cohenhighley.com or by telephone at 519-672-9330