The times they are a-changin’ – when it comes to rules and regulations in Ontario and across the country, this sentiment definitely rings true. The start of 2018 heralded a few major changes in the Province, including an increase in the minimum wage, a new Standard Lease Act, new mortgage regulations, and now we have the upcoming legalization of marijuana through the passage of the Cannabis Act.
In accordance with the Cannabis Act, the use of marijuana will be legalized for those 19 years of age or older, albeit with some restrictions. This means that as of the anticipated August 15th legalization date, Canadians will be permitted to smoke it in a private residence and grow up to four plants in their home for personal use. Use of the drug for non-medicinal purposes will still not be legal in public places, including sidewalks, parks and vehicles.
How making marijuana legal will affect real estate law
With the legalization date fast approaching, many businesses, entrepreneurs, and investors are already jumping on the pot bandwagon, resulting in changes within many industries, including real estate.
When it comes to real estate law, the new regulations can be a little problematic due to the provision that marijuana must be used in a private residence. For homeowners that choose to partake, this isn’t an issue. However, for those living in a shared space or those who are currently renting properties to tenants, it may be.
A condo building in Gloucester, Ontario for example, has banned the use of marijuana as well as the presence of the plants in the building ahead of the new regulations in order to discourage owners from using it in their homes. Although this helps to protect the rights of residents that do not use marijuana or are against the use of the drug, some suggest it also violates the rights of users who wish to smoke and are limited to doing so in their home.
For landlords, the issue becomes even trickier. A current lease that has been signed by both parties and has not yet ended cannot be amended after the fact. This means that landlords can’t add an additional clause in a current lease stating that their tenants are not allowed to smoke pot or grow pot plants for their own personal use in the premise.
For those with rental properties who are opposed to the use of the soon-to-be-legal drug on their property, it’s definitely a sticky situation and it’s raising questions about landlord versus tenant rights here in Bracebridge and other cities and towns. In fact, many landlords across the country are lobbying for the right to immediately ban the recreational use of marijuana in rental properties when the Cannabis Act comes into effect, in order to prevent current tenants from being able to use and grow the drug in their units.
The legalization of marijuana will surely bring about quite a few changes this summer. There will be continued debates and legal issues popping up in the coming months. Stay tuned to see how the legalization of this drug will affect real estate law, home owner’s rights and, landlord and tenant rights.
When it comes to legal disputes or questions regarding real estate, it’s not always clear-cut. If you find yourself unsure of your legal rights and responsibilities, you’ll want to work with an experienced real estate lawyer you can trust. For legal advice and representation in Bracebridge and Muskoka, contact the Ares Law team today at 705-645-8743. We specialize in real estate law and will help you protect both your rights and your investment; we’re here for you.
