Pubdate: Fri, 24 Jan 2014
Source: Trail Daily Times (CN BC)
Copyright: 2014 Trail Daily Times
Contact:  http://www.traildailytimes.ca/
Details: http://www.mapinc.org/media/1043
Author: Sheri Regnier

DISTRICTS REVIEW MEDICAL POT RULES

New Federal Legislation In Effect On April 1

When the federal government rolls out new legislation that will end
mom-and-pop pot farms and grow the medical marijuana industry into a
commercially licensed business, local jurisdictions won't have much
say in the matter if the plants are rooted in B.C.'s Agricultural Land
Reserve (ALR).

The current system of personal use licences and designated licences
will be phased out in a few months, and new federal licences geared to
large scale production and distribution facilities will be established
under Health Canada's Marijuana for Medical Purposes Regulation.

"Most of the lands that are zoned agricultural in the RDKB are within
the ALR," explained Mark Andison, general manager of operations for
the Regional District of Kootenay Boundary (RDKB). "Local governments
are not permitted to prohibit "farm use" in the ALR through their
zoning regulations."

No foolin', beginning April 1, medical marijuana production will be
considered a farming crop, and along with related accessory uses such
as the drying, processing and packaging of the product, permitted in
the ALR.

Locally, the Central Kootenay's regional district was first on board
to endorse the changes when its board passed a resolution last May,
confirming medical pot operations would be allowed in areas zoned
agricultural or fall within the ALR.

But, according to Andison, no official resolution is required, because
licensed medical pot production is permitted by the province's land
statute under the Agricultural Land Commission Act, and local
governments do not have any discretion to prohibit that use even if
they wanted to. "There is no reason for the RDKB board to pass a
resolution," he said. "In the RDKB, medical marijuana production is
permitted as a form of agriculture and in various agricultural zones
within in the region."

However, part of the regional district's ongoing review of its long
range plans includes consulting with various rural communities to
determine whether specific restrictions should be imposed upon this
form of agriculture.

Those restrictions may include regulatory provisions such as minimum
setbacks from property lines, fencing requirements, or requiring
production to move indoors.

"While local governments may impose such restrictions, they may not
prohibit the use outright," he explained. "It is considered to be a
bona fide farm use."

Before applicants can advance a request to Health Canada for a
commercial grower's licence, they must first notify the local
government about their intent to submit an application to the federal
regulating body.

"We have no way of knowing whether these will be considered viable
applications in the eyes of Health Canada," added Andison.

To date, there are two applicants within the RDKB with high hopes of
using the ALR to commercially farm medical marijuana.

One is from the Rock Creek area and the other, from a rural area near
Grand Forks.

Although, Trail hasn't discussed the new Health Canada regulations,
the city may have to in the future, because an area on the outskirts
of the city is zoned ALR.

"To my knowledge there is only a small area of land within our
municipal boundaries that is zoned ALR," said Michelle McIsaac,
Trail's corporate administrator. "If it were to come up, we would have
to examine the new Health Canada regulations for producers and
consider how those requirements align with the city's zoning bylaw."

Trail's ALR land is north of Sunningdale toward the city's northerly
boundary, according to McIsaac.

"That said, agricultural uses are presently permitted in the city's
rural holding zones," she said. "(Those) properties are mostly large,
unserviced properties along the outer fringes of the community's
boundaries."  
- ---
MAP posted-by: Jo-D