The Supreme Court has just rendered its judgement on the Murray-Hall v. Québec case and ruled “that the prohibition on the possession and cultivation of cannabis plants for personal use is constitutional in Québec.” (1)
The summary of the decision states that:
“The Supreme Court dismissed the appeal.
In pursuing public health and safety objectives, the Québec legislature had jurisdiction to prohibit the possession and cultivation of cannabis for personal use.”
The Association des Propriétaires du Québec (APQ) is satisfied and relieved by this decision.
This cause raised fears of significant problems in the management of rental housing but also on the health of the buildings.
Indeed, if a tenant could grow cannabis plants, the owners of surrounding dwellings would have suffered serious damage related to the impacts of moisture and fire risks of certain of these “domestic” facilities.
It is now clear and final: Neither a tenant nor a landlord can produce their cannabis in their dwelling in Québec.
The Association des Propriétaires du Québec (APQ) also reminds us that rental housing owners can prohibit cannabis or other smoke in their dwellings. The APQ rental building regulations are the essential support to prohibit this consumption.
The outlawing of cannabis cultivation at home has been confirmed by the Supreme Court
