Ding Dong, Where Is That Bong? The Impending Legalization Of Weed & How It Can Impact Real Estate Part 1
Thursday Aug 23rd, 2018Share
Part of being a Realtor is staying on top of changes to the market, another big part is continuing to learn, and in this instance, learning about the introduction to the law that will have a direct impact on Real Estate and that is the legalizing of Marijuana. It was an interesting course led by lawyer Mark Weisleder of RealEstateLawyers.ca
There are many areas that it may impact you so I thought I might break it down into different blogs which will find a life in the next week or two, but the areas that may have the most significance to you are...
- Owning and growing of marijuana by individuals.
- Where you will be able to buy it legally and why some towns are saying no to having outlets. Is that a good decision or a bad one?
- Owning a home that you rent and what tenants rights are to grow marijuana, and can you stop them?
- Insurance. Will you be covered?
- Condominiums. Your neighbour is sparking up. How Condo Corporations propose to deal with this.
So lets start with the upcoming deadline of Oct 17th when legalizing marijuana will likely come into effect. Wacky Backy means different things to different people.
The consumption of the weed expands on the rules regarding the consumption of alcohol and tobacco under the Liquor License Act of Ontario and is regulated under the Smoke free Act Of Ontario. Provinces can determine the age of consent and it will be 19 here in Ontario.
Individual adults will be able to be in possession of 30 grammes and the law will regulate the smoking and production of cannabis. Before you think great, I can start a little cottage industry and make organic brownies to sell at the farmers market, think on, as the production and usage of "edibles" will not be permitted.... yet. that will come and possibly alleviate some issues that are going to be discussed later.
People will be able to grow up to 4 plants total (currently indoor and outdoor) though the latter is still being discussed. Those individuals with a prescription from their doctor can possess 150g or grow enough for a 3o day supply and this will not change when the new legislation comes into effect.
Part of the objectives by Federal Bill C-45 is to establish strict product safety and quality requirements, deter criminal activity by imposing serious criminal penalties if you operate outside the framework, and reduce the burden on the criminal courts in relation to cannabis. The Provincial Bill F174 will allow cannabis to be distributed through private stores in 2019, replaces the previous "Smoke Free Ontario Act and Electronic Cigarette Act with new Smoke free Ontario Act 2017, Amendments to Highway Traffic Act regarding impaired driving (yes they will have a swab for it by Christmas) and will allow condo and apartment dwellers to smoke in their units and on their balconies.
Individual Municipalities can however refuse permits to private stores and Oakville for example has said they would do that. Not sure really in the big scheme of things if that is the right approach. If people are allowed to buy it and they want it they will get it, and I for one would prefer people to have access to a controlled substance from a reputable source than perpetuate gang culture business and keep any drugs on the streets. Many countries such as Holland, Spain Croatia, even Turkey have either de-criminalized the weed or in the case of holland made it legal. Many states south of the border have also relaxed their laws, so it is a changing society to the world of pot, and many businesses are looking to jump on board to be distributers such as certain Second Cup stores.
Businesses will have to consider how they will accommodate medical marijuana users. Remember not all users of medical marijuana "Get Stoned" . There are two types. Those that has THC which has the mind altering and psychoactive effect recreational users look for or CBD which in addition to smoking can come in the way of a gel, patches, lotions etc.
You may be surprised by the number of people who already use medical marijuana. The medicinal effect has long been known, but the stigma associated with the word marijuana, most people think you are getting stoned for the high, but the medical relief for many has been phenomenal. I wish having had to deal with chronic pain for 11 years that it was available to me at the time which it was not as there was no respite from the pain 24/7 and it changes your personality, and quality of life where you feel desperate, isolated and depressed. pain is a wicked thing and can put you in some dark places (I am OK now but thanks for asking)!
So “Part Deux, Coming Soon” I will talk about homes, the effects of buying a home where marijuana has been grown (I am not talking about grow ops of old but Mr & Mrs Respectable and their 4 legal plants) and your Insurance coverage.
Off for some munchies... sweet or savoury? I'M KIDDING!