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IN THE HOUSE – ‘Who’s looking out for landlords in new cannabis laws?’

MP Cathy McLeod in the House. (Image: File photo)

Excerpts from a speech by Kamloops-Thompson-Cariboo MP Cathy McLeod in Parliament on Wednesday, April 18, 2018 in support of Bill C-330, an act to amend the Controlled Drugs and Substances Act (landlord consent), asking that it be read a second time and referred to a committee.

MR. SPEAKER, I am very pleased to stand and debate my private member’s bill in the House today….

What Bill C-330 would do if passed is amend the Controlled Drugs and Substances Act to provide for regulations requiring the consent of landlords to tenant activities in respect of controlled drugs and substances. More specifically, the enactment would require the written consent of any landlord on whose premises the production or sale of any controlled substance is to occur.

The bill is in response to the access to cannabis for medical purposes regulations, which came into effect August 24, 2016. These new regulations do not require individuals who wish to produce marijuana in their residence to notify or seek the consent of their landlords. The federal government failed to provide clear direction for landlords and insurance companies when it made changes to the medical marijuana rules.

Under the rules, Health Canada gives specific guidelines on how to safely set up a medical grow op, but when it comes to checking if the safety rules are being followed, the federal department is leaving that up to the municipalities. I think all of us who live in communities have had our municipalities express extreme frustration on this issue.

According to the local development and engineering services director in Kamloops, the problem is that federal privacy rules apply, which prevent local authorities from knowing where medical marijuana is being grown. They do not get a list of addresses, so they cannot actually do anything proactively in terms of going out and inspecting the premises. It is a significant issue. There is no system to proactively check if tenants are growing the allowed number of plants according to their permit….

The government says that we have to provide access, but who is looking out for the landlords who have put hundreds of thousands of dollars into their homes? They are having their homes destroyed because the federal government has not found a better way to provide access to needed medical marijuana. Surely we can do better than that.

This is important for people who might be listening, because there is a lot of talk right now about the new recreational regime. Bill C-45, which is before the Standing Senate Committee on Social Affairs, Science and Technology, is a proposed regulatory framework for cannabis for recreational purposes. As I talk, members will see there is a huge difference between what is proposed for recreational use and medical marijuana.

With medical marijuana, the task force that was tasked with going around and making recommendations to the government essentially suggested that as the government moved toward legalization of marijuana and regulations the distinct system of the medical marijuana regime be maintained for medical purposes.

We have two very distinct systems. One is recreational, and that is Bill C-45, which is moving through the Senate. We also have the issue of medical marijuana, which has been around for many years.

The medical regime will allow people, including those under the age of 18, with the support of a health care practitioner, to have access to cannabis for medical purposes. They can purchase it from a federally licensed seller of cannabis for medical purposes. They can cultivate their own, if they are over the age of 18, or designate someone to grow cannabis on their behalf, which is called “designated production”.

There used to be limits on how much cannabis could be stored. The Liberals tried to align the recreational and medical regimes, but they took away the limits on what can be stored, which had been in place before….

It is important to note that with a medical licence, people can grow their own and be designated to grow for someone else. There is a maximum of four licences to grow cannabis in one residence. For example, a 1,500 square foot apartment could have up to four licences. What does that mean in practical purposes?

If one has been prescribed three grams per day, that means one could have 15 plants indoors, six plants outdoors, or a combination of indoor and outdoor plants. However, it is not uncommon or all that extreme that a person may have a prescription for seven grams a day. I remember the government moving the limit for our veterans from 10 grams to three grams.

Again, seven grams is a number we can use. If there is a licence to grow for four people at seven grams a day, a person could have an enormous number of plants indoors. It could be up to 120 plants growing indoors if someone had four licences for seven grams. It is an incredible amount…..

We talk about availability and affordability of housing in this country. When we have potential landlords who are terrified that if they rent their homes they will have no recourse, and they still do not in terms of this medical marijuana issue, I think they rightfully are saying that they are not going to rent. They will take their homes off the market or sell them. Therefore, this is an issue that has ramifications for more than individuals and their finances. It has significant ramifications for the availability of affordable housing….

I do not think anyone is appreciating the cost to landlords of people growing medical marijuana. According to the Canadian Federation of Apartment Associations, it can be absolutely prohibitive.

What I am asking is that we get support to get this to committee. I appreciate that people who have a need for medical marijuana need affordable access to it, but surely, at the same time, we cannot be jeopardizing the hundreds and thousands of dollars of investments by people across this country who are being absolutely devastated by this particular structure of a regulation.

Source: OpenParliament.ca.

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About Mel Rothenburger (5674 Articles)
ArmchairMayor.ca is a forum about Kamloops and the world. It has more than one million views. Mel Rothenburger is the former Editor of The Daily News in Kamloops, B.C. (retiring in 2012), and past mayor of Kamloops (1999-2005). At ArmchairMayor.ca he is the publisher, editor, news editor, city editor, reporter, webmaster, and just about anything else you can think of. He is grateful for the contributions of several local columnists. This blog doesn't require a subscription but gratefully accepts donations to help defray costs.

3 Comments on IN THE HOUSE – ‘Who’s looking out for landlords in new cannabis laws?’

  1. Sorry Cathy, but you are late to the party yet again. A landlord can lay out terms in the lease, and then is able to enforce them if the tenant breaks them.

  2. Did anyone answer or expound on her
    concerns?

    Wouldn’t it be a real kick in the derrière for Trudeau if a sufficient number of Landlords got out of the Revenue Home business to cause a dilemma in available housing or if they were able to determine, without repercussion that someone might use Marijuana, and not rent to anyone so inclined.
    Will be interesting to hear how these concerns are addressed.

  3. David Johnson // April 19, 2018 at 11:43 PM // Reply

    Considering cannabis is about to be removed from the list of controlled substances anyway (C-45), most of this argument regarding C-330 seems kinda moot. Begs the question; once C-45 becomes law, how can the product be considered a controlled substance under C-330?
    I get the loose math of 120 possible medical plants in a landlords house (even though this is likely a Conservative hyperbole number), and even more likely my lack of grasp (nee – intolerance) to private member bill language, but just how is substance on, yet not on, a control substances list?

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