B.C. tenants should not be allowed to smoke marijuana in homes states lobby group

Published: January 19, 2018

Updated: July 24, 2018

Author: Luke Jones

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Landlords in British Columbia want the province to take inspiration for Quebec’s ban on growing marijuana in private homes ahead of the legalization of recreational marijuana. The federal legislation will come into effect on July 1, 2018 and one industry lobby group wants to take Quebec’s ban further.

LandlordBC says it wants B.C. to band the smoking of cannabis in a rented property. Tenants would be unable to smoke pot in their rented homes, whether they have tenants insurance or not. While Quebec has banned growth in tenant properties, it has not gone as far as stopping smoking. Such legislation in B.C. would be the first of its kind in Canada.

Quebec’s decision to band marijuana growth in private homes goes against proposed federal legislation that allows growing of up to four plants a metre high.

“I think there could be a constitutional challenge to an outright ban on growing marijuana [in a private residence],” said Scott Bernstein, a Vancouver lawyer and senior policy analyst at the Canadian Drug Policy Coalition.

David Hutniak, CEO of LandlordBC, said his group would like smoking banned entirely in rented homes.

“What we would like to see is all smoking being banned in rental units, including cannabis. We are even more concerned about the potential for personal grow-ops and are vigorously encouraging the B.C. government to ban cannabis grow-ops, and consumption, from rental housing.”