Pubdate: Tue, 08 Apr 2003
Source: Victoria Times-Colonist (CN BC)
Copyright: 2003 Times Colonist
Contact:  http://www.canada.com/victoria/timescolonist/
Details: http://www.mapinc.org/media/481
Author: Bill Cleverley

SOFTER POT LAWS WORRY LANDLORD GROUP

Liberalization of Canada's marijuana laws could lead to increased problems 
for landlords as more and more mini-grow ops sprout up in apartments, says 
Al Kemp chief executive officer of the Rental Owners Association of B.C.

"If you decriminalize, I think more people choose to smoke," Kemp said Monday.

It only follows that if more people will smoke pot there will be an 
increasing the number of small grow operations as people choose to grow 
their own bud rather than buy on the market place, Kemp said.

That could lead to more damage to suites because of heat from high voltage 
lamps and mould problems associated with humidity.

In addition, he said, conflicts between tenants could increase as some -- 
especially those with respiratory problems like asthma -- have to deal with 
the smell of marijuana in their buildings.

But Philippe Lucas, founder and director of the Vancouver Island Compassion 
Club, says Kemp is just blowing smoke.

There is nothing to suggest that if marijuana laws are liberalized smoking 
marijuana will reach beyond the 15 per cent of the population estimated to 
already indulge, Lucas said.

Further, the odour related problems would be no worse than living in the 
same apartment block as someone who smokes tobacco or who cooks 
strong-smelling food.

Kemp has written to federal Justice Minister Martin Cauchon expressing his 
concerns but has yet to hear back.

Cauchon, 40, who has admitted to smoking marijuana in his youth, has made 
no secret of the fact he would like to introduce legislation to 
decriminalize marijuana possession. That would mean a person caught in 
possession with less than 30 grams -- between 25 and 30 marijuana 
cigarettes would be fined rather than criminally charged.

However Prime Minister Jean Chr?tien has said no decision has yet been made 
on the matter by his government.

Whether or not pot is decriminalized, it would still be illegal to 
cultivate it.

But landlords are already having problems dealing with tenants they find 
growing marijuana.

Three years ago, a Victoria landlord who tried to have a tenant evicted for 
growing a small amount of marijuana found herself on the losing end of a 
arbitrator's ruling.

The landlord became aware of the small grow operation consisting of five 
small plants and some lights in a closet shortly after the tenant moved in. 
She told him to get rid of it. Later, when an electrician was called to fix 
a problem in the suite, he discovered the plants were still there.

Police called to the apartment seized the plants and equipment but did not 
charge the tenant because they felt prosecution was unlikely.

The landlord then went through the formal procedure to have the tenant 
evicted, as the tenant "was seriously impairing the landlord's lawful 
rights and interests by growing marijuana in his suite."

The tenant took the landlord to arbitration and the arbitrator found in the 
tenant's favour.
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