May 2020
With cannabis (marijuana) now legal in Canada some want to grow and smoke it in high-rise condo buildings. To protect owners against odours and problems relating to cannabis some communities have chosen to prohibit its growth and/or smoking.
Some building residents wanting to smoke and/or grow cannabis claim a human rights concern relating to a disability and request an accommodation. Condominium corporations are required to make accommodations for individuals seeking an exemption from restrictions when it relates to a medical treatment. Condo boards and condominium managers have the right to request a medical letter and ask questions that don’t require disclosure of personal medical information.
- Do you have a disability?
- What treatment is required pertaining to the disability?
- Is smoking cannabis necessary or can another method of consumption be used?
- If smoking cannabis is necessary, can it be done outside the unit?
Answers to these questions can assist condo directors and managers in determining if an accommodation from restrictions is warranted. If so, those granted an accommodation remain obligated to undertake measures necessary to ensure smoke and odour does not migrate from their suite to other areas of a building.
