When it comes to legally growing cannabis at home, the federal regulations could be a challenge to comprehend. Experts answer three widely anticipated queries that homeowners and tenants could potentially face–queries that were also the point of discussion at Cannabis Living Expo that took place in Toronto last year–and how best to deal with them.
Q1. If a person has an Access to Cannabis for Medical Purposes Regulations(ACMPR) cultivation permit, can someone else from the same household legally grow four plants for recreational use?
A: The short answer is yes.
Ranjeev Dhillon, a partner and co-lead of the national Cannabis Law Group at the Toronto law firm of McCarthy Tetrault, explains that the Cannabis Act doesn’t prevent more than one person per household from legally growing cannabis. As such, it is legal for a total of up to four plants to be grown in a household as long as an adult is growing the plants over the age of 18. The four recreational-use plants would be over and above any legal medical grow limit specified in an ACMPR permit held by one or more people in the household.
It’s worth noting that while ACMPR growers are limited to a maximum of five indoor-grown (two outdoor-grown) plants per gram of their daily prescribed medical doses, as many as four ACMPR-registered growers in the household may grow their own plants. In this case, however, each grower must tend to and cultivate their respective plants separately from any other cannabis crops in the household.
On a cautionary note, Dhillon advises that it’s best to be aware as some provinces have set restrictions on how much cannabis a person can possess (even at home). For example, B.C. has a maximum allowable amount of 1,000 grams (one kilogram) of dried cannabis or the equivalent amount set out for other classes of cannabis (e.g. fresh, solids, etc.). Home cannabis cultivation is prohibited in both Que. and Manitoba.
Q2. When a landlord wants to inspect a tenant’s dwelling unit for a possible infringement of cannabis cultivation restrictions, how can he or she carry out the inspection without invading the tenant’s privacy?
A: The federal Cannabis Act does not specifically address the question of landlord inspections of tenant rental units. Rather, across Canada, the rights of tenants and the restrictions on landlord inspections fall under the existing provincial landlord and tenant legislation.