Has Your Strata Prepared for the Marijuana Legalization?

Marijuana was an issue in strata's before the legalization of marijuana, but was not as wide ranging an issue due to the fact that only medical marijuana was legal. Now, any persons can consume and grow their own marijuana.

Although it is legal, there are still restrictions and stratas have some protection against the unfettered consumption of marijuana in their stratas. Most, if not all stratas, have a bylaw that owners cannot be nuisance. This applies to not being a nuisance with smoking or consuming marijuana, and has also been applied to smoking tobacco cigarettes or e-cigarettes.

However, some stratas have gone farther and created specific bylaws that restrict smoking to specific areas (like inside a strata lot only), or banned smoking altogether in the strata plan. In response to the legalization of marijuana, some stratas are updating their bylaws to clarify where marijuana can be consumed, if at all.

The growing of marijuana is also another issue. While BC does not allow marijuana plants to be grown in places visible from public spaces, stratas may want to consider whether they should ban the growing of plants inside strata lots as well.

If your strata is considering updating its bylaws you can contact me for a free estimate or a consultation on whether your bylaws require updating, you can reach me by email, or phone: 250-763-4323.

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TAEYA FITZPATRICK Taeya Fitzpatrick has specialized in strata law for most of her practice, has won cases for her clients in the BC Supreme Court, the BC Court of Appeal, and assisted with a client succeeding in defending a Civil Resolution Tribunal claim. Taeya offers full services to a strata corporation or a strata owner from redrafting the strata’s bylaws, collection of outstanding strata fees or other charges, issues with bylaw enforcement, to amending the strata plan. For more information on the services provided, you can reach Taeya by email, phone: 250-763-4323, or at her Web Page.