cannabisnews.com: Medical Marijuana Potential Headache for Landlord Medical Marijuana Potential Headache for Landlord Posted by CN Staff on June 16, 2003 at 18:13:58 PT By Sandra Thomas, Staff Writer Source: Vancouver Courier It may come as a surprise to landlords, but Canada's medical marijuana program does not require tenants growing marijuana for personal, medicinal use to ask permission. Jirina Vlk, a spokeswoman for Health Canada, which oversees the Cannabis Medical Access program, says only those authorized to grow medicinal pot for others are required to ask their landlords. "If they are designated to be growing for someone else, or a third party grower, then they must get the landlord's permission in order to be authorized," she said. "Other than that, they don't." On Wednesday, the Courier told the story of a tenant and landlord locked in a dispute over the 49 marijuana plans the tenant is growing legally in his rental unit. Lynda Pasacreta, chief executive officer of the B.C. Apartment Owners Association, which has 1,100 members in B.C., said she was unaware of the lack of permission requirement and strongly disagrees with it. "That's just crazy," she said. "I can't believe it." Because any known marijuana grow operation would invalidate fire, theft and damage insurance, or prevent landlords from obtaining insurance, Pasacreta said it's not likely many landlords would give permission for such an activity. "It affects the safety of other tenants and that's a huge issue," she said. "Anyone operating a grow-op without telling their landlord is bound to be in breach of terms of their tenancy." Al Kemp, head of the Rental Owners and Managers Association of B.C., said he's keeping an eye on a possible precedent-setting case on Vancouver Island in which a tenant was evicted for having a legal medical-marijuana grow-op on the grounds that it was putting other tenants at risk. The eviction held up under arbitration, but Kemp said he wouldn't be surprised to see the tenant take the issue to court. "The outcome would be very interesting." To legally possess marijuana or grow the plants, applicants must be terminally ill and expected to die within a year, or suffer from symptoms associated with certain medical conditions, including multiple sclerosis, spinal cord injury, spinal cord disease, cancer, AIDS/HIV infection, severe arthritis and epilepsy. Applicants must provide a medical declaration that states, among other things, that all conventional treatments have been tried or considered and that the benefits of using marijuana outweigh the risks. According to Health Canada's Office of Cannabis Medical Access, 490 people across the country are authorized to possess or grow marijuana, and 292 doctors are eligible to recommend clients to the program. Eighty-three of those licences and 55 of the doctors are in B.C. As much as B.C. has a reputation of being one of the pot-growing capitals of the world, that's only about a third of Ontario's 229 licenses and 118 authorized doctors. Pasacreta said marijuana grow operators are typically responsible for more damage than they can pay for. That leaves the landlord holding the bag, since insurance companies don't cover damage due to grow operations. Dennis Prouse, government relations manager for the Insurance Bureau of Canada, said whether a grow-op is legal makes no difference to the way the industry handles policies or claims. "They look at risk factors," he said. "And there is a lot of risk involved with grow-ops." The main risk is fire, because of changes to wiring and overloading of circuits, but theft and break-ins are also a concern. Condensation on walls, floors and carpets is a huge problem because it creates mold and fungus that costs thousands of dollars to get rid of. Prouse said in order to protect themselves, landlords need to be vigilant and take responsibility for what's happening in their rental properties. Pasacreta agreed, pointing out that under the new Residential Tenancy Act, due to come into effect this summer, landlords have more rights and should be taking advantage of them. A good place to start is during the application stage, she said, when landlords should carefully check credit and personal references and speak with at least two former landlords. "It's up to former landlords to acknowledge problems they had with a tenant." Landlords should also arrange an inspection one month after a tenant moves in, with the proper notice, she said. If they have any concerns, they should arrange monthly inspections, which are permissible under the new act. "Landlords have inspection rights and they need to take advantage of them. If they set a precedent right away growers will stay away," she said. "These grow-ops have created a pain for everybody." Complete Title: Medical Marijuana a Potential Headache for Landlords Source: Vancouver Courier (CN BC)Author: Sandra Thomas, Staff Writer Published: Monday, June 16, 2003 Copyright: 2003 Vancouver CourierContact: editor vancourier.comWebsite: http://www.vancourier.com/Related Articles & Web Site:Health Canadahttp://www.hc-sc.gc.ca/Six Months To Fix Medical-Marijuana Regulationshttp://cannabisnews.com/news/thread15154.shtmlCourt Nixes Fed's Medical-Pot Regulations http://cannabisnews.com/news/thread15153.shtmlCanada Allows Terminally Ill to Smoke Marijuanahttp://cannabisnews.com/news/thread10467.shtml Home Comment Email Register Recent Comments Help Comment #13 posted by mayan on June 17, 2003 at 18:13:09 PT FoM... That is cool about Woody Harrelson! Coldplay is a great band. They were also very outspoken against the Iraq war(which our soldiers are still dying in). I am going to see Neil again in St. Louis. It is also a Clear Channel sponsored event. I hope he keeps speaking out. This will be my fifth Neil Young show. I've seen him twice with Crazy Horse plus once on the "Harvest Moon" tour & once on the "Silver & Gold" tour. I especially look forward to this one because it just might be his last with the Horse! I'm glad you enjoyed your show! [ Post Comment ] Comment #12 posted by FoM on June 17, 2003 at 11:36:54 PT Fox 23 News Brief: Woody Harrelson Flouts the Law Published: June 17, 2003Woody Harrelson completely disregarded New York Mayor Mike Bloomberg's smoking ban - believing it does not apply to marijuana.The rebellious actor attended a Coldplay concert in Madison Square Garden on Friday with magician David Blaine and friends, before attending an after-party at Joe's Pub.And, according to the website Pagesix.com -- http://www.nypost.com/gossip/36613.htm -- the noted marijuana advocate happily ignored 'zero tolerance' Bloomberg's harsh law, and indulged in his favorite pastime.Woody was heard asking fellow patrons, "Is it cool to spark up in here?" before nipping to a VIP suite to smoke the illegal weed with Blaine and some models. Copyright: World Entertainment News Network 2003http://www.fox23news.com/entertainment/story.aspx?content_id=2D8E7C39-B47E-4E87-B7A1-FAE618D340EA [ Post Comment ] Comment #11 posted by afterburner on June 17, 2003 at 08:32:15 PT: druid: Here's the Lowdown on the Puff Down! Article by Reverend Damuzi: Marc Emery stands up to pot-snatching cops http://www.cannabisculture.com/articles/2973.html 16 Jun, 2003 Pot-smoking protest planned for June 19 at Toronto Police Station Cannabis Culture Forum from Chris Bennett, Pot-TV Station Manager (includes map and chat): Marc Emery in Toronto Pot & Police Puff Down! Fri Jun 6 10:49:01 2003 http://www.cannabisculture.com/cgi/wwwthreads/showflat.pl?Cat=&Board=wwwpottv&Number=555150&page=0&view=collapsed&sb=5 Streaming video: Prince of Pot and the Toronto Pot & Police Puff Down http://www.pot-tv.net/archive/shows/pottvshowse-2016.html Marc Emery will Smoke and Possess Marijuana in Toronto! http://www.pot-tv.net/ram/pottvshowse2016.ram In Ontario, Canada, you can walk the streets freely with your marijuana. You can smoke marijuana anywhere it is legal to smoke tobacco. Think of the possibilities. The Rogin decision stands as Ontario's acknowledged LAW OF THE PROVINCE. Toronto police have said they will not charge anyone for cannabis possession, but will attempt to take away anyone's pot they see with it. COME JOIN ME AT TORONTO POLICE HQ (College St., west of Yonge) FOR A MARIJUANA SMOKING & POSSESSING DEMONSTRATION at 4.20 p.m. on THURSDAY, JUNE 19.We must assert our LAWFUL RIGHT TO POSSESS MARIJUANA and have the police acknowledge that under the current law, they have NO LAWFUL AUTHORITY TO SEIZE MY POT (OR YOUR POT).I will be speaking on the regressive proposals by the Federal Government, on the obligation of marijuana smokers to assert their identity and their freedom. These are momentous times and I hope you will join me in kicking off the Summer of Legalization 2003.Bring your marijuana, bring your pipes, bring your friends, bring a good vibe, toToronto Police Headquarters, College, west of Yonge, Thursday, June 19, 4.20 p.m. ego transcendence follows ego destruction, into the streets, the voting booth, the halls of the lawmakers. [ Post Comment ] Comment #10 posted by FoM on June 17, 2003 at 08:22:09 PT News Article from Snipped Source Legal Pot Smoker Ordered To Move Sandra McCulloch, CanWest News Service Tuesday, June 17, 2003 VICTORIA -- A man with a medical prescription to smoke marijuana to treat multiple sclerosis has lost his case in B.C. Supreme Court that would have entitled him and his wife to stay in a subsidized housing complex.Eric and Marlene Young now face eviction from their two-bedroom unit in Saanich managed by the Capital Region Housing Corp. Justice Malcolm Macaulay said the landlord, CRHC, must follow its mandate of providing quality housing to those living on low incomes. Some tenants have moved out, citing the marijuana smell that permeates their suites."The evidence suggests that accommodating Mr. Young's disability would require the CRHC to deprive many other tenants of the enjoyment of their suites," said Macaulay."It is also likely that the CRHC would continue to lose tenants. This result would undermine the very purpose for the CRHC's existence, to provide quality housing, particularly to those living at low incomes."Snipped:Complete Article: http://www.canada.com/health/story.html?id=AB5B5C72-3DE2-48AC-9BE0-D38E37700408 [ Post Comment ] Comment #9 posted by FoM on June 17, 2003 at 08:18:39 PT News Article from Snipped Source Prairie Plants Seeks New Markets Murray Lyons, The StarPhoenix Tuesday, June 17, 2003 Brent Zettl's company has received national publicity -- some good and some bad -- in the past two years because of a $5.75-million, five-year contract to grow research marijuana for Health Canada.But in the future, Zettl would rather have Prairie Plant Systems Inc. of Saskatoon known for being one of the leaders in the field of plant-made pharmaceuticals (PMPs), where plants are altered through genetic manipulation or breeding to grow drugs cheaper than they can be synthesized in a laboratory.Controversy arose in the past year over the fact that some of the 244 kilograms of marijuana grown last year by Prairie Plants under controlled conditions in a vacant mine tunnel in Flin Flon had concentrations of THC -- the active ingredient in pot -- of 20 to 25 per cent.The federal government had threatened shutting down the Flin Flon grow room unless a way could be found to get pot plants growing with THC levels of about 15 per cent.That is the level Health Canada says would be suitable for human trials on the value of medicinal marijuana. However, Zettl said no THC level was targeted when the contract was let.Snipped:Complete Article: http://www.canada.com/saskatoon/starphoenix/info/business/story.html?id=09D66D9C-A629-45C1-9441-B454C370BC12 [ Post Comment ] Comment #8 posted by druid on June 17, 2003 at 07:58:52 PT Afterburner Do you have any more info on the Toronto Pot and Police Puff Down? I know some people from there that are interested but a bit skeptical.The name "Pot and Police Puff Down" mean anything or is that just the title of the event? Is it named that just cos it is at the police hq or what?Thanks! [ Post Comment ] Comment #7 posted by druid on June 17, 2003 at 07:49:36 PT If you live in the UK... http://www.lca-uk.org/petition/index.phpThe time has come to say 'enough is enough' !This petition is not about legalising cannabis, scoring points or toeing the party political line. It is about justice, compassion and fair play and should be of interest to everyone - regardless of Religion, race or political allegiances. ******* Biz Ivol, a MS sufferer in Orkney, is in court Wednesday for using cannabis as a medicine and helping other to obtain cannabis as a medicine.Biz has been waiting 2 years for the case to come to court and her health has suffered so much that she is now bedridden and her sight has gone. The quality of Biz's life is now so bad that she no longer wishes to be alive, "I'm not frightened about what might happen to me. They can't put me in jail because of the condition I'm in. They can't fine me anything because I haven't got any money. And I'm already a prisoner, trapped inside a body that's full of pain and doesn't work anymore." [Biz Ivol; The Scotsman, [UK] Friday, 13 June 2003]. Biz Ivol Petition [ Post Comment ] Comment #6 posted by druid on June 17, 2003 at 07:45:16 PT Cannabis fight taken to ministers http://www.thescotsman.co.uk/scotland.cfm?id=666712003THE government is being urged to stop prosecuting people who use cannabis for medicinal purposes following an Orkney woman’s threat that she will take her own life after fighting a court case tomorrow.Biz Ivol, 56, a multiple sclerosis sufferer who is confined to a wheelchair, has already had a cardboard coffin delivered to her home in South Ronaldsay and says she will take an overdose of paracetemol and champagne to end her suffering.But first she will fight charges of possessing and supplying cannabis, which she says eases her suffering.Friends and backers of the campaign to legalise cannabis for medicinal use have rallied to her support and have highlighted the case to Cathy Jamieson, the justice minister, and David Blunkett, the Home Secretary, and called for it to be brought to the attention of the Prime Minister.They have also sent a petition to all Scottish ministers calling for the "inhumane" prosecution to be justified.The Legalise Cannabis Alliance (LCA) has urged the Home Office to seek the views of Mrs Ivol and other MS sufferers on the issue. Addressing ministers, Don Barnard, a spokesman for the LCA said: "This is not about legalising cannabis or scoring points, it is about justice and therefore should be of interest to everyone, regardless of political allegiances."My concerns are that Biz will do this terrible act - who am I to say whether she should or should not - but I do feel that her suffering alone demands that you seek her opinions and views, give her a hearing."Please can you also bring this sad case to the attention of the Prime Minister and your colleagues in the cabinet."Alan Buffry, the LCA’s national co-ordinator, added: "I am sickened to my heart to hear what is happening to Biz Ivo. That she was ever arrested and charged in the first place is an outrage."The prosecution of Biz Ivol is a gross misuse of an unjust law. Who will stand up and accuse her of doing or intending harm to anybody? Only those paid by the state to do so."How can any public official have the heart to withdraw the supply of an essential medicine from someone who is clearly unable to cope without it?"Hamish Crisp, of the Alliance for Therapeutic Cannabis (ACT) also questions the decision to prosecute Mrs Ivol in a letter to Ms Jamieson.He told the minister: "As an MSP, we would presume you are not a God-less atheist."So could you explain how driving Mrs Ivol into her grave can ever be morally justified?"We are all medicinal cannabis users, and the treatment we get from the authorities in this country is leaving us in suicidal despair."Surely, in a civilised society, we could expect to be helped, not driven into our graves for using the only medication available to us."Mrs Ivol has already won backing from Alistair Carmichael, the Liberal Democrat MP for Orkney and Shetland, who said he hopes Mrs Ivol’s prosecution will be the last of its kind in the UK.Mrs Ivol was charged following a police raid at her home in August 2001. Her trial, which has been postponed several times, is now due to he heard at a sports centre in Kirkwall which has better wheelchair access than the island’s sheriff court.She has pled not guilty to three charges of possessing cannabis, producing two cannabis plants and being concerned in the supply of the drug to others. The charges relate to cannabis-laced chocolates which she has allegedly been making and distributing to fellow sufferers across the UK.She is a founder member of Therapeutic Help for Cannabis MS Sufferers which helps distribute the Canna-choc products to sufferers.A spokesman for the group said yesterday: "Canna-choc would not be available to MS sufferers without Biz Ivol’s selfless efforts."We are forced to ask ourselves why is the prosecution of a disabled woman for medicating with cannabis, a drug that will be licensed for MS in the next three months, in the public interest?" [ Post Comment ] Comment #5 posted by FoM on June 16, 2003 at 23:12:56 PT afterburner Thank you for the information about the smoke in. Are you going? I do hope you can go to the concert. It was expensive but the memories it made for us was well worth the cost. I don't believe that Neil Young will be able to tour like this much longer. My goodness in not too long he'll be 60! PS: I thought drugs killed people early? He is about the same age as the Vice President and they wonder why young folks don't listen. Which life style would most people want? We know the answer but I wish they understood.PSS: If you go to the smoke in make sure you tell us all about it. [ Post Comment ] Comment #4 posted by afterburner on June 16, 2003 at 22:59:23 PT: Medical Cannabis Regulations Appeal. Alan Young says the law will fall:Unless Ottawa appeals the ruling or comes up with a new medical-marijuana regime within six months, that law will fall, said Young, who's convinced the federal government's reluctance to relax marijuana prohibition in Canada is based on U.S. disapproval. "It reaches a point where the government will realize it can't salvage the law, even if it realizes the Americans will be unhappy," he said. "Their hands will become tied." The decrim/recrim bill tabled by Cauchon will not cut it. It provides no safe access as the courts demanded. Knowing this the courts should just strike down the Controlled Drugs and Substances Act (CDSA) as Unconstitutional, and send Parliament back to class. No law, no foul! That would also end the house seizures, which were added with the passage of the CDSA.Seats are still available for Neil Young on June 23 in Toronto, but I'm still waiting for the cash to manifest. There's also a show in September in Toronto. btw, Thursday, 19.June.2003 4:20 pm is the Toronto Pot and Police Puff Down at Toronto Police Headquarters, College, west of Yonge.ego transcendence follows ego destruction, first Ontario, then the world! [ Post Comment ] Comment #3 posted by FoM on June 16, 2003 at 22:18:54 PT afterburner I hope you will get to see Neil Young when he is in your neck of the woods. I put together a page of two reviews and songs. It was more then I hoped it could possibly be. He was well received in Columbus! Neil Young - Greendale and Music [ Post Comment ] Comment #2 posted by FoM on June 16, 2003 at 21:47:23 PT afterburner I know they seized a house recently and then this article throws another issue out to look at. Here is one of the links I put in the article. What could happen if this isn't completed properly by July 9th?Six Months To Fix Medical-Marijuana Regulations: http://cannabisnews.com/news/thread15154.shtml [ Post Comment ] Comment #1 posted by afterburner on June 16, 2003 at 19:12:13 PT: Of Course, It Is... and further proof that the forfeiture provisions of the Controlled Drugs and Substances Act (CDSA) are Unconstitutional. How can a landlord be held responsible for a grow-op belonging to a non-Exempt cannabis user if a medical cannabis patient can have the same grow-op without being in violation of the law? Stop using medical cannabis users as a political football! They have the right. Get used to it. Since a landlord has to give 48 hours notice before entering a rental unit, the requirement of the CDSA that the landlord be held responsible for what the tennant does is clearly ridiculous. Again I say, just re-legalize cannabis, regulate it and tax it. That way people can grow their own supply outside without worrying about it getting stolen because the high prohibition-induced prices will drop to tomato prices. If you don't like the decentralized model, then allow it to be grown and sold by legal government-regulated businesses.ego transcendence follow ego destruction, it's a new world order, we need new world laws, re-legalize the medical herb cannabis. [ Post Comment ] Post Comment