Pubdate: Thu, 18 Jul 2013
Source: Chief, The (CN BC)
Copyright: 2013 Whistler Printing & Publishing
Contact: http://www.squamishchief.com/section/squamish0303&template=letter
Website: http://www.squamishchief.com/
Details: http://www.mapinc.org/media/2414
Author: David Burke

GROWING PAINS

With the number of commercial marijuana grow-ops in Squamish 
apparently on the rise, a mother-to-be questions the wisdom of 
allowing them next to people's homes

Deena and James Zenyk, who were set to welcome their first child this 
month, chose to make their home in downtown Squamish five years ago 
at least partly because of town officials' assurances that efforts 
were being made to ensure that it's a family-friendly neighbourhood.

At the time, they couldn't have known that a few years later they'd 
be living across the street from a person's medical designated 
personal marijuana grow operation - which Deena Zenyk said has come 
with a fair bit of noise and, most especially, the pungent odour of 
marijuana, day and night.

The operation is located in a nondescript warehouse-like building. 
The worst of the smell seems to occur at night and early morning, she said.

"We're not anti-marijuana," she told The Chief recently. "It has its 
uses. But we're living in the smell of marijuana pretty much 24/7, 
which is disruptive to us."

In a recent letter to the District of Squamish that was forwarded to 
The Chief, Deena Zenyk wrote, "Spend any amount of time in the area 
of Stan Clarke Park, the library, the brew pub or the Vancouver 
Street estuary entrance and you're likely to be pummelled by the 
pungent aroma of pot venting endlessly from nondescript buildings 
that are given away... by their newly and massively jacked-up power 
lines and vents, and all-day/all-night comings and goings."

There are, in fact, a number of legitimate personal marijuana grow 
operations in town - including at least "two or three" in the 
Squamish Business Park, RCMP Cst. Wayne Pride said. He only knows 
their locations because, while Health Canada doesn't make a list of 
them available to police, Squamish RCMP are required to check with 
the federal agency when police receive some sort of complaint.

When they do learn of the existence of a grow business they make a 
note of it for future reference, he said.

Police, he said, don't like to spend resources investigating 
legitimate grow ops. On at least a couple of occasions, though, 
Squamish RCMP have obtained warrants and entered the operations to 
ensure they're complying with the terms of their Health Canada permits.

"Some of the licenced ones have been very open about letting us look 
at their operations," Pride said.

As well, police are concerned about the possibility that legitimate 
medical pot grow-ops might be targeted by what Pride called "the 
criminal element" - another reason for police to be aware of them.

Pride said police are committed to ensuring public safety and 
compliance with the law in all parts of town. But as Deena Zenyk sees 
it, the problem is with operations in parts of downtown that are 
zoned for light industrial - in some cases just across the street 
from people's homes.

She said she's concerned about property values and the potential for 
activity surrounding the operations affecting neighbourhood safety. 
In fact, Zenyk declined to have her picture taken for this article 
because she worries about the potential repercussions of being easily 
identifiable as someone who went public with her concerns.

"It's part of a bigger discussion that I think needs to happen in 
town, which is, 'What is the wisdom of having these sorts of 
operations in a residential neighbourhood?'" she said.

That discussion, members of council and District of Squamish staff 
say, has already been initiated.

In July 2012, DOS council adopted changes to the zoning bylaw making 
medical marijuana grow ops permitted uses in properties zoned for 
light industrial (I2) and industrial (I2) zones. It also included 
requirements that such operations keep smells confined to the 
building, that any alterations to the building adhere to B.C. 
Building Code, fire and electrical safety regulations and DOS 
building bylaws, that the building be serviced by DOS water and sewer 
and it not result in increased parking or loading over what's 
permitted in that zone.

"Given that the licences are granted federally, we don't have the 
ability to say, 'No you don't get a licence,'" said Chris Bishop, DOS 
director of planning. "Council said, 'Let's be proactive on this and 
direct where these can occur rather than where we don't want them.'"

The operation to which Zenyk referred is on one of the portions of 
the downtown core that's zoned light industrial, Bishop said.

If council were to change the zoning on properties that are currently 
the site of such businesses, the use would have to be declared 
existing, non-conforming - i.e. "grandfathered" - if and until the 
businesses decided to move, he said.

Coun. Bryan Raiser, who has been an outspoken advocate for 
liberalizing marijuana laws, said legitimate medical marijuana 
production is something Squamish has begun to attract - and should be 
striving to grow. After all, some 30,000 people across the country 
are licenced to use pot for medicinal purposes, and projections are 
that the number is only going to rise.

But Raiser acknowledged that locating such operations near homes 
presents a bit of a conundrum.

"It's definitely something we'll want to have some control over, but 
we want to make fact-based decisions, not just ones based on blind 
ideology," he said. "It's only going to expand. I hope that we go 
forward with an open mind, of course, taking into account these sorts 
of concerns."

Added Bishop, "This is not a legalizing marijuana vs. non-legalizing 
marijuana issue. To me, this is an appropriate land-use issue."

Coun. Doug Race, a lawyer, said those with complaints about 
late-night noise, odours or other issues affecting their home's 
liveability can either pursue them through civil court action or 
through filing a complaint with bylaw enforcement.

"When you're talking about a business like that, there are the usual 
things you'd be concerned about, such as being good neighbours - and 
then there's nuisance issues... anything that travels from one 
property to another can qualify as a nuisance," Race said.

"Odour would certainly be a concern."

Kristine Day, DOS bylaw and animal control manager, said her office 
has received two complaints about the property in question. While she 
couldn't speak specifically about what's being done in response to 
those complaints, she encouraged citizens with concerns to bring them 
to her officers' attention.

Day said Health Canada's permits for such personal operations 
requires that they comply with all provincial and municipal 
regulations - including local zoning and nuisance bylaws.

"I would assume that it would be in the best interest of the people 
who are the subject of the complaints to be compliant, because if 
they're not, they're illegal," she said.

Last month federal officials announced that changes to the way 
medical marijuana is regulated will take effect April 1, 2014. In a 
recent op-ed piece, federal Health Minister Leona Aglukkaq wrote, "In 
line with other controlled substances, personal and designated 
production will be phased out" in favour of "a new, commercial 
industry that will be responsible for production and distribution" of 
medical marijuana.

The new rules, she added, will strengthen quality control and "reduce 
the risks of diversion of marijuana to illicit markets."

Raiser said the new regulation could well be challenged in court, but 
added that if and when it does take effect, "It's going to be a whole 
new game, and no one quite knows what's going to happen."

Either way, Zenyk remains concerned about the impact of such 
operations on the liveability of her neighbourhood.

"Downtown is supposed to be in transition," she said, "and the idea 
is for it to be family friendly, but to allow a commercial grow op 
within feet of homes is just insane."
- ---
MAP posted-by: Jay Bergstrom