No free pass for medical pot users in condos


Audrey Loeb Head Shot

Condominium corporations will only investigate if someone has been smoking or vaping cannabis in their unit when a formal complaint is lodged, Toronto condominium lawyer Audrey Loeb tells CBC.

“Here’s the thing: nobody is going to be going into the units on a daily basis to inspect if anybody’s smoking,” says Loeb, a partner with Shibley Righton LLP.

Even medical users who have a licence for cannabis can expect to face challenges in condos across Toronto, stemming from objections from other residents, she says.

“I think it’s going to be tough to get a doctor to say that the only way you can take cannabis is through smoking, and that’s the only way you’ll get relief (of symptoms),” Loeb says.

One medical cannabis user who was diagnosed with a condition that causes brain seizures received an exemption from his condo corporation and told CBC that using marijuana has helped him reduce the number of seizures by 80 to 90 per cent

“It was utterly life-changing for me,” the man told CBC. “The Human Rights Code essentially trumps what’s going on in terms of condominium rules and a lot of the communication coming out doesn’t state that.”

A recreational user who vapes in her condo told CBC she worries there will be greater scrutiny on anyone who uses pot now that it’s legal.

“I don't think vaporizing smells nearly as much — I don't think this is any more than if I burned some incense or put my aromatherapy diffuser on,” she said.

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