Condo boards can legally ban cannabis use.


Deb Howden Head ShotAlthough cannabis is expected to be legalized this summer, condo dwellers shouldn’t count on being able to spark up in their homes, Toronto condominium lawyer Deborah Howden tells NOW magazine.

Legally, condo boards can draft a rule that would prohibit smoking cannabis in individual units as well as on balconies, says Howden, a partner with Shibley Righton LLP’s Toronto office.

She tells the magazine that under s. 58 of the Condominium Act, condo corporations can create new rules that “promote the safety, security or welfare of the owners, and prevent unreasonable interference,” but that medical marijuana users may be exempt under Ontario's Human Rights Code.

Howden says residents could regard the strong smell of second-hand smoke as a nuisance, and therefore a new rule restricting cannabis smoking could be reasonable.

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