Pubdate: Wed, 18 Jul 2012
Source: Coquitlam Now, The (CN BC)
Copyright: 2012Lower Mainland Publishing Group, Inc.
Contact:  http://www.thenownews.com/
Details: http://www.mapinc.org/media/1340
Author: John Kurucz

POT SHOP MAY BE FACING CLOSURE

At best, his business will be lumped into a category including 
pawnshops, methadone clinics, escort services and exotic dancing.

At worst, he'll be asked to pack up shop and leave town.

Coquitlam council unanimously passed the first reading of a zoning 
bylaw Monday that aims to regulate a host of different aspects of the 
federal government's policies regarding medical marijuana.

Included in the proposed bylaw is a move to prohibit any medical 
marijuana dispensary that lacks a federal licence from setting up 
shop in any zone within Coquitlam. Originally passed in 2009, the 
city's undesirable business bylaw also prohibits businesses like 
pawnshops or exotic dancing from obtaining a business licence in the city.

The ramifications of that decision mean that Christopher MacLeod's 
newly opened medical marijuana dispensary in Maillardville could soon 
be forced to close.

"It would basically blanket me in a bylaw that would prevent me from 
helping people," MacLeod told The NOW Tuesday.

He acknowledged that the issue of establishing his shop at 931 
Brunette Ave. included some legal grey areas, and suggested Health 
Canada's rules around the issue are vague.

"Because of the law, there's no one way or the other," he said. "You 
can't do it legally and you can't do it illegally because there are 
just no rules in any way about it."

That point was countered by police earlier this month, when a July 6 
press release issued by the Coquitlam RCMP said there is "no legal 
mechanism available in Canada today" that allows for a self-described 
"medical marihuana (sic) dispensary" or "compassion club" to function.

Maillardville Residents' Association president Al Boire said Tuesday 
his 300member group is also opposed to the business's presence in the 
community due to the legalities - or lack thereof - involved.

"It's an uncontrolled, unmonitored business," he said. "It may be 
that this particular one is doing what he says he's doing, but 
there's no way of truly verifying that."

Coun. Terry O'Neill took a similar stance Monday.

"I think every aspect of it would, in a theoretical sense, be 
illegal. I can't see where there's much grey involved at all," he said.

The federal government's Marihuana (sic) Medical Access Regulations 
allow access to marijuana in four different scenarios: an 
authorization to possess, which allows someone to possess and use 
marijuana for medical purposes; a personal-use production licence, 
which allows someone to grow medical marijuana for their personal 
use; a designated-person production licence, which allows someone to 
grow medical marijuana for others with an authorization to possess; 
and a licenced dealer, which allows a person producing marijuana 
under contract with the federal government to sell marijuana to 
others with an authorization to possess.

As part of Monday's discussion, council did address some of those 
provisions, including the personal use aspect.

"If you're permitted under federal law to grow medical marijuana for 
your own purpose because you have a medical illness, it is outright 
permitted in any residential zone," said Raul Allueva, the city's 
acting manager of planning and development.

The other clause the city looked at was the designated person 
production aspect, which, under the proposed bylaw, would be 
restricted to five sites in south Coquitlam under the M3 special 
industrial zone.

The new specifications also require that any marijuana production 
outlet be a standalone facility and be removed from other land uses 
on one of the five sites: 914 Sherwood Ave., 1601 and 1963 Lougheed 
Hwy., 98 Brigantine Dr. or 125 Glacier St.

However, all five of those sites currently have uses on them and only 
three different scenarios could see marijuana production facilities 
situated on those lands: if the business relocates, if the landowner 
asks the current tenants to move or if the applicant asks for 
rezoning elsewhere.

"There's going to be challenges for someone trying to do a production 
facility for medical marijuana in the city. It's going to be 
challenging," Allueva said.

"They likely would have to rezone unless they were able to acquire 
one of these sites and make it their primary business. We do 
understand that would be challenging. Many of these sites have 
multiple businesses in them and they're operating."

A public hearing on the bylaw is set for Monday, July 30 at Coquitlam 
City Hall, located at 3000 Guildford Way.
- ---
MAP posted-by: Jay Bergstrom