Depending on the circumstances, a legal marihuana grower may be in contravention of the Bylaws of the strata corporation in relation to the health, safety and security of other residents. According to the Regulatory Impact Analysis Statement attached as a preamble to the new marihuana regulations, residential marihuana production is associated with specific concerns, among others, relating to: “the risk of violent home invasion by criminals attempting to steal marihuana, fire hazards due to faulty or overloaded electricity installation to accommodate high intensity lighting for its cultivation, and humidity and poor air quality… Production activities are also linked to the presence of excess moisture in homes creating a risk of mould (particularly associated with drying of marihuana); electrical hazards creating a risk of fire; and exposure to toxic chemicals like pesticides and fertilizers creating risk to residents, including children.”
In response to these concerns, strata corporations may choose to pass bylaws to specifically prohibit the legal production of marihuana in residential strata units. Since medical marihuana is a recognized treatment for various illnesses, strata corporations should be careful that they are not contravening human rights provisions when they pass bylaws pertaining to legal marihuana production.
Obtaining legal advice is recommended when undergoing this process.