If pot is legalized, landlords fear growth of 'green' thumbs

The Liberals have put forth legislation that will likely see marijuana legalized in Canada on July 1, 2018 (although April 20 seems more apropos). 

Experts are still weighing the taxation windfalls, potential ancillary criminal results (such as increased driving while impaired by cannabis), and one offshoot of the legalization movement that has drawn the ire of rental property owners: the right to grow cannabis.

Introduced in the House of Commons in mid-April, the Cannabis Act allows people over 18-years-old to grow marijuana plants up to 100 cm in height in their residences. Four plants meeting the criteria will be permitted per household and that's not sitting well with area landlords.

"We will be adding a 'no grow' clause to our leases immediately. Unfortunately, this will not be enforceable with existing tenants," writes John Wilson in the BayToday comment section. Wilson manages multiple North Bay properties.

Citing impacts on neighbours, as well as health and safety concerns, landlord associations from across Canada are opposing new allowances in the Liberal government's plan to legalize marijuana. 

One local landlord, who oversees multiple properties in the North Bay area says that his property absolutely supports a ban on marijuana growing in rental units, adding that local police do not often enforce petty drug offences as is, so enforcement of plant growing will be difficult if it is legalized. 

"It's already hard to enforce no smoking and no pet policies, I can't see how this will be any different," said the landlord, adding that a prohibition against growing is something his company will consider adding to their lease agreements.

Landlord groups are calling for a ban for home-growing in rental homes, condos or multi-unit buildings. The groups have concerns that the impacts of marijuana growing on neighbours and the rental units themselves, such as mould caused by the sheer humidity needed to properly grow marijuana or the danger of fire from amateur botanists drying out their marijuana in their ovens, are being overlooked. 

In various viewpoints opposing cannabis growth in rentals, landlords have also pointed to the increased draw on electrical systems caused by lamps used to grow the plants, as well as odours seeping into neighbouring units as reasons to keep growing out of rentals and exclusive to privately-owned single dwelling homes.

Any ban on what type of domicile marijuana plants may be grown in may fall to provincial enforcement. Under the legislation, the feds will license producers but the provinces will determine how the marijuana is distributed and will also set prices.

In an email to CBC News, Health Canada spokesperson Rebecca Gilman wrote that "provinces could, however, place further restrictions on home growing that go beyond what's in the proposed federal legislation.

"Anyone who wants to grow marijuana legally will have to follow restrictions from the federal government under the Cannabis Act, as well as any further restrictions that may be put into place by provinces, territories, municipalities and landlords," among them, fire and building codes.