WATCH ABOVE: Concerns about a Markham, Ont. marijuana grow house were addressed in Parliament on Friday. Jennifer Tryon reports.
The federal government says children in a Markham, Ont. neighbourhood shouldn’t be leaving school smelling of pot.
“This case is completely unacceptable,” Paul Calandra, the Conservative Member of Parliament for Oak Ridges—Markham and Parliamentary Secretary to Prime Minister Stephen Harper, said on Friday. “We have moved very quickly to try and end these grow ops in our community, Mr. Speaker, but the courts are fighting us every step of the way.”
READ MORE: Grow house near Markham, Ont. school leaves kids reeking of pot
In February, the government will appeal a court decision that ruled prohibiting medical home grows is unconstitutional.
Last year, Health Canada changed the Marijuana for Medical Purposes Regulations.
Meantime, four patients who need to grow marijuana in their homes for medical purposes are appealing the government changes.
Their lawyer, Vancouver-based Kirk Tousaw, is arguing if communities have problems with smells or mold, they should take civil legal action rather than insist home grows for patients be shut down.
“In civil law there is a way to deal with nuisance, which includes smell,” he said. “You don’t need to criminalize a whole bunch of sick Canadians to deal with the smell,” Tousaw said.
Calandra’s comments in the House of Commons followed a Global News story on a medical marijuana grow house, located across the street from an elementary school, that is creating such a strong smell outside some parents say their children’s clothes reek of dope.
“One time she came home, it was just the immediate stench was very overwhelming,” one mother told Global News.
“They shouldn’t have something like this close to the school,” said another concerned father. “Even though it’s a legal operation, it shouldn’t be close by where kids are.”
READ MORE: Doctors uneasy being ‘gatekeepers’ under new medical pot rules
Wei Gao, the homeowner, told Global News he doesn’t live in the residence but has been growing marijuana there for two years. He admitted to having 146 plants — all for personal medicinal use. His licence was granted by Health Canada after he broke his leg.
The NDP said the onus should be on the Conservatives to intervene, despite the court case.
“The issue is back in the government’s court, in terms of how they allowed this to happen in the first place,” said Vancouver East MP Libby Davies. “They have the responsibility.”
READ MORE: Ontario town sets hopes on medical marijuana facility
The government promised parents in the House today it would continue to fight to shut down home grows.
“My constituents and I don’t believe it’s acceptable for our kids to come home smelling of pot and we’ll make sure they don’t,” Calandra said.
Police, fire and bylaw officers in Markham routinely inspect the property, and Gao could actually be facing up $25,000 in fines for electrical violations.
“Our challenge is we check with Health Canada and if it’s not a licensed grow we investigate it, as we always would,” said York Regional Police Det. Peter Fleming. “If it is a licensed grow, then we don’t have a lot of options at our disposal.
“The house is just kind of a vessel where there’s electricity and a furnace to keep the plants growing,” he said.
“But I find it odd… to have a house filled with plants, but you as the owner never actually live there, but everyone in the neighbourhood lives with it.”
The school board and city by-law officers have no legal recourse as long as Gao operates within the perimeters of his Health Canada license.
Gao said if he were to change locations now, he’d be forfeiting his old license. He said he is willing to change his filtration system to lessen the smell in the neighbourhood.
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