Pubdate: Wed, 15 Jan 2014 Source: Ottawa Citizen (CN ON) Section: Front Page Copyright: 2014 The Ottawa Citizen Contact: http://www.canada.com/ottawacitizen/letters.html Website: http://www.canada.com/ottawacitizen/ Details: http://www.mapinc.org/media/326 Author: Elizabeth Payne THE GROW-OP NEXT DOOR COULD BE LEGAL Neighbours, Municipalities Frustrated, But Laws Changing Soon The elderly neighbour's children suspected something was up when workers began showing up at the quiet house in Ottawa's west end to do electrical upgrades and install what looked like a series of industrial-sized vents, among other things. No one seemed to live in the bungalow on the leafy street and the blinds were always drawn, although trucks pulled up frequently during the day. Peter Marshall, whose 87-year-old mother-in-law lives next door, called Ottawa police to report the family's fears that the house was being used as a grow-op, something police confirmed this week when they were called there to investigate a break-and-enter and found numerous plants and growing paraphernalia inside. What police told the family next surprised them. The grow-op next door was, in fact, legal, one of likely thousands across Canada in which marijuana is being grown with the permission of Health Canada, often by a designated person who can grow for as many as four users of medical marijuana. The operations, which can look very much like the illegal grow-ops that dot most Canadian cities, have left neighbours and municipal officials throwing up their hands in frustration. Marshall's mother-in-law fears the grow-op next door - even though it is legal - is a magnet for crime and break-ins as well as a high risk for fire because of the large amount of electricity being used to grow the plants. This week's break-in, which is still being investigated by police, has only heightened those fears. And her family is frustrated that neighbours were given no notice about what was going on in the house next door. If a homeowner wants to change the setback of his house he has to go through a whole committee and send out notices to neighbours, Marshall noted, "but for this, there seems to be no information." Bay Ward Coun. Mark Taylor said he sympathizes with the concerns. "I completely understand where they are coming from. I wouldn't be happy, either, if I was living with this." Taylor said the federal government's medical marijuana licensing system contains a loophole that allows such operations to exist in residential areas with no oversight from municipalities or fire departments and no notification to neighbours. The good news for concerned neighbours is that the new law will make such operations illegal as of the end of March, when the regime for producing medical marijuana is changed. Until then, there is little the city or police can do. "Whether legal or illegal, they pose all kinds of problems and hazards," said Taylor. "This is exactly why municipalities, including Ottawa, raised our concerns (about the medical marijuana approval system) and why the new rules that take effect in March will forbid this kind of operation in a residential neighbourhood." The home is a symbol of what was wrong with the old medical marijuana regulatory system, he said. Ottawa is currently drafting regulations that would strictly dictate where the new medical marijuana facilities can operate in the city. "They won't be allowed in residential areas. They will have to be in some kind of commercial-industrial district." As of the end of March, users of medical marijuana will be prohibited from growing their own pot - or from delegating someone to do it for them as is now the case. As of September, Health Canada had issued more than 25,000 "personal use production" licences, allowing medical marijuana users to grow their own pot. It had also issued more than 4,200 "designated person production" licences - which allow medical marijuana users to designate another person to grow pot for them. In the past decade, the program grew from fewer than 500 individuals with permits to use medical marijuana to more than 36,000. When the program changes at the end of March, users of pot for medical reasons will be banned from producing their own. Health Canada recommended this week that users who are currently growing their own mix leftover marijuana with cat litter to mask the smell and put it in their household trash to dispose of it. "Health Canada will provide guidance to all current program participants so they are aware of their responsibilities with regards to disposing of their dried marijuana and plants," said a spokesman for Health Canada. Under the new system, Health Canada said, local governments, police and fire will all receive notice before a medical marijuana facility can set up in a community. Meanwhile, the family of the elderly woman who lives next door to the legal grow-op said they will continue to pursue complaints about the operation. Her son-in-law, Marshall, said he has filed a complaint against the home's owner for violation of property standards. The owner of the home could not be reached for comment. A representative of the local community association, who lives across the street from the house, refused to comment. - --- MAP posted-by: Jo-D