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.