Can Landlords Ban The Use Of Legal Cannabis?


Recreational marijuana is tabled to be made legal in Canada this summer, but not everyone is happy. Some apartment-dwellers, for instance, are prepping for legal battles over tenant rights regarding cannabis use and cultivation.

With the Cannabis Act, the right to smoke cannabis is a tenant’s right to reasonable enjoyment. But that doesn’t mean that landlords can’t impose restrictions. In the province of B.C., the landlord tenancy act has pushed through a blanket ban on cannabis for renters as a human rights violation.




Just as threatening are anti-pot tenants, who don’t want you to smoke legal cannabis indoors. Consider the type of tenant who would go so far as to say that your smoke has proliferated their unit to the point that they’re getting a second-hand high off of it. If the smoke causes damages or health concerns, the offended tenant could argue that it impedes on their right to reasonable enjoyment of the apartment. They could go as far as to claim second-hand smoke breathing concerns, like asthma or cystic fibrosis.

The neighbour has a right to take action just as long as the smoker isn’t using cannabis medicinally, in which case the situation gets sticky.

Probably the simplest workaround would be for a landlord or property management to restrict how tenants consume cannabis inside the apartment suite. Smokeless methods neither cause damage to property or harm to other tenants.

The federal government’s Bill C-45 does not include any housing-related legislation. Instead, they are leaving cannabis and housing to provincial governments, and landlord and tenant boards.

February 8, 2018

by Davie Dabbs aka Popeye

Profile photo of Davie Dabbs aka Popeye
Davie is a long time cannabis professional who has worked not only as a cultivator but in all aspects of retail cannabis. From budtender, to wholesale and retail management, and from harvester to advanced hydroponic specialist, Davie has been around the block more than once. Now residing in beautiful British Columbia, Davie now works with acres of greenhouses, producing some of the best buds in the country.


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