October 17th is officially the day recreational marijuana becomes legal in Canada. With legalization come new rules governing everything ranging from where you can use and grow pot to how it will be marketed and distributed.
Here’s a breakdown of the rules you can expect in the province of Ontario when the recreational use of pot is no longer illegal:
Homeowners & Condo Recreational Limits
What’s the legal limit of plants per household
A residential dwelling is legally able to cultivate and harvest up to and including four (4) cannabis plants per household for recreational use. The number is set to the dwelling, not the number of inhabitants.
What about medical marijuana users?
This will be based on an individual’s prescription. The maximum dosage allowed by Health Canada is 5 grams per day. Using that prescribed dosage, a patient is allowed to grow 28 plants and possess over 3,000 grams of dried marijuana buds.
How will cannabis and plants be addressed under a homeowners policy?
Cannabis will be considered as a Contents item and treated as personal property like jewelry, furniture or clothing in the near future. Cannabis plants, if outdoors, will be placed under the Outdoor Trees, Plants and Shrubs part of a policy.
Tenant Recreational Use
Can tenants grow and consume cannabis in or around their rental property?
Current Leases: Tenant’s will be allowed to grow and consume cannabis on the property as long as they are following the rules of the law in Ontario.
Ontario law states that you cannot change the terms of an existing lease agreement. The province’s tenancy laws make it illegal to change a lease before it ends.
Future Changes: Restrictions on growing and consuming of cannabis can be added onto any new lease agreement.
Medical Marijuana: Beware of the Human Rights Code – Medical marijuana prescription holders can not be excluded from the restriction to grow or possess cannabis on their rented property.
Social Event Hosting
What is your legal liability as an event host?
You are responsible for the safe and responsible consumption of cannabis on your property and you may be responsible for your guest’s actions if cannabis is consumed on your property.
Homeowner & Occupier Liability: A person who owns the property, has possession of or responsibility for the premises, is responsible for protecting people on their premises from harm.
Employer Liability: Staff parties, or events where it may be common to offer alcohol, cannabis needs to be addressed through updates to HR policies.
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