Pot and Condos: Communicating out of a stink

by | Condo & HOA Focused, Director, Governance

What is the stink about pot?

Pot certainly has a distinctive odour, but it’s not the smell that is causing a stink; it’s the legalization of it. Pot (or cannabis) is now legal in Canada, and where it has already been legalized in many US states, it has caused some friction among residents.

Whether you agree with the decision to legalize cannabis or not, the government has approved it, and changes have come.

Why this matters

If you live in a condo in Canada or you are a condo board director and haven’t been paying attention to the legalization of cannabis, then now is the time to start. The transition to living life with legal pot has already begun.

How we got here

Smoking pot illegally is nothing new, so why is legal pot going to create more friction with residents?

In Canada, under the Cannabis Act, the law prohibits smoking pot in public spaces, restaurants, places of work, or public parks. Smoking will be allowed at a private residence, including a home’s outdoor space (for example, a porch or backyard). Four plants can be grown per residence (and not per person). There are many more specifics, so check them out (link at the end of blog).

Smoking pot at a condo property will be highly restricted. Residents are not allowed to smoke marijuana on balconies, back patios or other common areas.

Are smells a concern?

Smoking pot indoors should be of concern for condo residents because smells can move between units via common hallways or ventilation systems. Most people smoke tobacco cigarettes outside; pot smokers will only be allowed to smoke indoors.

Condominium Corporations can restrict residents’ smoking habits by enacting rules prohibiting smoking inside a unit and also prohibiting growing plants.

Now is the time to review the condo’s rules and add appropriate regulations for your condo. We’re in for some stinky times as the transition to legal cannabis takes place this summer unless the condo board is prepared and communicates any new rules with residents.

Some Advice

  • Attend an educational session to learn more about cannabis and condos.
  • Review relevant legislation.
  • Encourage your condo board to review and implement any new rules as needed, if this process has not already started.
  • Consult with the condo’s legal advisors. Get advice on drafting the right rules for cannabis.
  • Be proactive. Don’t wait.
  • Condo Boards – Communicate with residents

*This article was revised in January 2020*