5 Things to know about the new Cannabis Act
|Watch the video: https://youtu.be/_bbo5A6zPHg
By Mark Weisleder
I am already receiving calls about how sellers, buyers and real estate agents are to prepare for the new Cannabis Act, now scheduled to become law in October of 2018. I have already booked seminars at real estate boards throughout the GTA over the next few months to explain this in more detail. Here are 5 things you need to know:
4 Cannabis plants may be grown in each residence. This includes apartment or condominium units. Under Federal legislation, this could also include an outside garden that is part of a home. The Provinces will each determine whether to permit this outside growing.
Right now there do not appear to be any regulations in place. You will undoubtedly see “tool kits” or “indoor tents” being marketed for this purpose, with marketing claiming that this will not create mold behind the walls, for example. Still, professional electricians will likely be required for this, including preparing proper ventilation from the plants to the outside, as additional protection against mold.
In my opinion this will be an issue as to whether it can be classified as a material latent defect, which would have to be disclosed. Since mold behind the walls that the seller knows about could satisfy this test, there will likely be litigation when it is not disclosed and problems arise after closing.
Even though it is legal, you can include a clause in a lease to stop any tenant from smoking or growing Cannabis on the premises. This should be inserted into every lease. If the tenant then smokes, it will be easier to evict them. While medical Cannabis users may raise human rights issues, it is still better to have this clause in the lease right from the start to have a defence.
Some condominiums are already passing rules to stop any kind of smoking, whether cigarettes or Cannabis and growing of any Cannabis Plant. Others may set aside an area of the building for users, or just for medical Cannabis users. Others may just wait and see and attempt to rely on provisions in Condominium Law that you cannot commit a nuisance to your neighbours. Then, if the smoking is bothering your neighbours, they can bring action to get you to stop.
If you have any question on Cannabis or want to schedule a seminar in your area or brokerage, please contact me at 1-888-876-5529 or at email@example.com
Mark Weisleder is a Partner, author and speaker at the law firm Real Estate Lawyers.ca LLP. Contact him at firstname.lastname@example.org or toll free at 1-888-876-5529
HOURS OF OPERATION
WE ARE OPEN THROUGHOUT THE YEAR
TO CLOSE YOUR TRANSACTIONS.
MOBILE SIGNING SERVICE: OPEN 7 DAYS A WEEK 7AM – MIDNIGHT.