The Right to Smoke Cannabis

The legalization of cannabis has raised concerns for condominium corporations regarding its use by residents and employees. Condo residents are allowed to smoke, vape, or consume cannabis in their own units or on exclusive use common elements like balconies, subject to any rule or declaration prohibiting such conduct. Condo corporations have the right to pass rules prohibiting cannabis smoking or vaping on the property. However, they must consider duty to accommodate under human rights legislation if a person's cannabis use is related to a disability. Factors for consideration include whether cannabis use is for medical purposes, whether smoking is necessary for disability-related needs, and the impact on workplace health and safety. Condo corporations can ask for medical information to assess the accommodation needs while respecting privacy.