Cannabis Legalization and Your Vancouver Strata

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On October 17, 2018, the federal government legalized marijuana for non-non-medical use. It will be the second country in the world to do this, and the first G7 nation to do this.

Many Vancouver condo strata councils seem to be concerned and unclear as to how this affects their condo building. So, here are a few notes:

  1. Many strata bylaws do not allow smoking. This bylaw would apply to cannabis as well.

  2. If a strata wanted to prohibit smoking tobacco, but allow smoking cannabis, they could create a bylaw to specify this. Or, vice-versa.

  3. Adults are allowed by to grow up to 4 cannabis plants per household. If a strata did not want to abide by this law, my understanding is that they would need to draft a bylaw to prevent this. I do believe, however, that people with medical cannabis prescriptions may be exempt as these new laws are centred around recreational use.

  4. BC Residential Tenancy Act existing leases that prohibit smoking also apply to cannabis. Personal cultivation of cannabis under existing leases will be prohibited. For new leases after October 17, these terms would need to be negotiated.