Windsor City Council will discuss a possible new bylaw that would balance the rights of those licensed to grow medical cannabis on their property with their neighbours' right to enjoy their property.
It is not an easy task.
Growing medical pot at home has been legal for the past three years, and while any Canadian can grow up to four plants, some are licensed to grow a lot more.
A report to city council said 43,000 people across the country have a license to grow. Health Canada calculates how many plants using a specific formula that could allow someone to cultivate hundreds.
One such resident in Foutainbleu has such a license. Although the number of plants being grown is far less than what is theoretically allowed using the formula, nearby neighbours say they can't stay outside without being overwhelmed by the skunky aroma.
There have been ten complaints to 311, all about the same house.
How does a city regulate the smell without violating Health Canada's licensing regime?
There are only four municipalities in Ontario that have a bylaw. All of them are intended to reign in odours emanating from large grow operations.
Leamington's bylaw restricts the location of personal grow-ops that may produce a smell to industrial areas, but it is before the Superior Court of Justice. Although Kingsville's bylaw covers any cultivation that could impact someone else, it is broadly worded, and enforcement is complaint-driven. The Town of Pelham bought nasal rangers at $5,000 apiece to measure odour, while its bylaw enforcement officers underwent extensive training. Hamilton has issued two tickets under its bylaw, but the outcome of those is uncertain. Those cases are still before the courts.
Council meets at 10 a.m. Monday.