Pubdate: Thu, 06 Feb 2014
Source: Niagara Advance (CN ON)
Copyright: 2014 Niagara Advance
Contact: http://www.niagaraadvance.ca/letters
Website: http://www.niagaraadvance.ca/
Details: http://www.mapinc.org/media/4114
Author: Penny Coles

MARIJUANA GROWN LEGALLY IN LAKESHORE RD. GREENHOUSES, MAYOR SAYS

Mystery solved.

Or at least part of it.

Yes, if you drive along Lakeshore Rd. and see what looks like
marijuana plants clearly visible through the glass of greenhouses near
Niven Rd.-the ones that used to grow roses-that's exactly what they
are.

Up to 2,000 of them.

And, says Lord Mayor Dave Eke, he's been assured by the Niagara
Regional Police that growing marijuana at that location is, at least
until the end of March, perfectly legal.

The plants are being cultivated under a residential medical marijuana
permit, which allows for up to 2,000 plants, he said.

The name of the growers will not be released.

Eke says he was told that when the police investigated the
greenhouses-several residents were concerned about what was being
grown, and both the Town and Regional Chair Gary Burroughs had asked
questions of the police-they discovered the number of plants exceeded
the limit and some had to be removed.

Eke says he has also been told that the growers are in the process of
applying for a commercial licence from Health Canada-the licence that
will become necessary April 1.

He says the greenhouses are at this point still owned by the former
rose-grower, and leased to someone with a residential permit.

The only thing about the operation that is not legal, at least not
according to Town bylaws, he says, is the fence. It exceeds the
municipal height restrictions, the barbed wire is not permitted, and
it is not in the right place in relation to the building.

The Town's bylaw officers have issued a notice to say the fence is not
legal.

But it's a 'catch-22' situation, says Eke, with only two months until
the new legislation kicks in, but the fence will have to be removed or
altered to meet municipal bylaws.

There are a total of five applications for commercial medical
marijuana operations in NOTL going through the process with Health
Canada, he said.

"Whether they're going to be approved, we don't know yet. We'll be
notified accordingly," he said.

"It seems it's an issue everyone is concerned about, but all we can
act on are our current bylaws."

It's the municipal level of government residents are going to with
their questions and concerns, says Eke, but answers are hard to come
by-the municipality has no authority other than enforcing municipal
bylaws.

Burroughs also has questions, which sent him to regional staff and the
police, searching for answers.

Although the new regulations, effective April 1, set out stringent
security measures, he discovered there are no regulations that specify
where commercial operations can locate, how many there can be in any
given area or how close together they can be, or the maximum size of
the commercial facilities.

Those are issues municipal and regional planners could, and should be
discussing, said Burroughs.

Along with NOTL, West Lincoln, Port Colborne and Fort Erie have
received proposals for commercial operations, and Fort Erie is the
only one so far to deal with it as a land use issue, proposing
Official Plan and zoning provisions to regulate them.

Other municipalities are dealing with them on an 
application-by-application basis.
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MAP posted-by: Matt