Weird weed legislation in Nova Scotia: prohibited by landlords but allowed at golf courses?

Weird weed laws in Nova Scotia: banned by landlords but permitted at golf courses?

Did you know Nova Scotians face the possibility of being banned from consuming (and even handling!) Cannabis on their personal property as you can freely blaze at the local golf program?

Some landlords prohibit practically everything except thinking about cannabis in Nova Scotia

A property management company in Nova Scotia sent the letter pictured below to residents of one of their buildings which details changes being made to their Lease Agreements in reaction to cannabis legalization which essentially says no cannabis. At all.

Photo courtesy of One Man Smoke Show.

According to this letter:

“No resident, occupant, guest or visitor is permitted to smoke, vape, grow, cultivate, sell, handle or distribute recreational cannabis anywhere on the property, such as within personal units.

That means cannabis is banned in all indoor, private, public, common, and outside areas of the property.

Mind you, that’s just for recreational cannabis- there’s not any mention of medicinal cannabis anywhere in the correspondence. But you can bet that there are residents and cannabis activists already gearing up to fight these draconian restrictions.

As activist D. Rutter pointed out in response to the correspondence on Facebook,

So “legalization” means nobody may use cannabis in public, and just those who own their own house can use in private?

Is that what you think of when you picture legalization?

If you’re wondering how this is possible, Have a look at the bottom of the letter where there’s (an almost comically) long link

https://novascotia.ca/sns/access/land/residential-tenancies/new-rules-for-tenants-and-landlords-cannabis-control-act-and-the-residential-tenancies-act.asp

That residents would need to manually type into their browsers because this is a piece of paper which can’t hyperlink, making you wonder why the landlord couldn’t have at least provided an easier URL?

“Landlords now have the ability to amend present leases to put new rules in place about recreational cannabis smoking and cultivation. ”

Also, landlords must provide 4 months’ written notice of changes any time before Apr. 30, 2019. That’s why, for this letter dated May 25th, the change is effective as of October 1, 2018.

Once tenants have received this notice, they have one month to decide if they still want to live there, and when they’re going out, they have to give their landlord a 3 months’ heads up.

Another stipulation of these new rules is that any changes must comply with section 9A of the Residential Tenancies Act.

Section 9A of the Residential Tenancies Act outlines the “reasonable rules” that landlords may establish, and it sets out the criteria for what constitutes reasonable.

If this goes to court, it’s most likely it’ll come down to whether or not these rules are reasonable, which means that the landlord must prove the rules:

      • (I) promote a fair distribution of services and amenities to the occupants of the residential premises,
      • (ii) promote the safety, comfort or welfare of persons working or residing in the residential premises, or
      • (iii) protect the landlord’s property from abuse

But expect tenants (or their attorneys ) to argue that they’re entitled to reasonable enjoyment of their residence.

Where do you draw the line when it comes to recreational cannabis?

Smoke-free Places Act: Smoking cannabis banned everywhere except golf courses and leased campsites

Nova Scotia’s Smoke-Free Places Act, according to CTV, bans the smoking or vaping of cannabis near playgrounds, publicly owned sport and recreation sites, public trails, and provincial parks and beaches — except within a leased campsite.

From the third reading of Nova Scotia’s Cannabis Control Act, Karla MacFarlane, the Progressive Conservatives interim leader, said,

It is really difficult to believe that we have arrived at third reading of Bill No. 108 [aka Nova Scotia’s Cannabis Control Act], and not 1 amendment was accepted.

We couldn’t even get the NDP to support us [against the major Liberal party] in removing golf courses from allowing you to light up a joint while enjoying the historic and developing game amongst our youth. ”

And yeah, it might sound kind of weird that there’s an exception made for golf courses, but if you were permitted to toke up before teeing off, couldn’t it radically cut back on the swearing and save innocent kids ’s ears?

Or perhaps the Liberal’s rationale was that golf courses are wide open with enough room for the smoke to dissipate rather than bother the people behind you, as long as you don’t hold them up too much?

But PC leader MacFarlane has a different concept, telling Halifax Today, “For some reason, those folks must have had some amount of power over government at the time because golf courses are exempt”. But wait, since campsites are also exempt as previously mentioned, does this mean that the camping lobby is in on it too?

I’m joking, of course, but what I am wondering is why she’so trying to take away the past few areas where cannabis smoking in public is permitted in Nova Scotia (at least for now), and what does she really have against enjoying a small green on the greens?

Featured picture courtesy of Golf Nova Scotia.

Sources

CTV News Atlantic: N.S. cannabis legislation sets fines, syncs weed and alcohol fines .

Government of Nova Scotia: Residential Tenancies Act.

Halifax Today: Nova Scotia Liberals say weed can be smoked on golf courses.

1 Man Smoke Show: Halifax Consumption Ban.

Released at Mon, 28 May 2018 14:32:26 +0000

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