Pubdate: Thu, 20 Feb 2014 Source: Almaguin News (CN ON) Copyright: Almaguin News 2014 Contact: http://www.almaguinnews.com/ Details: http://www.mapinc.org/media/3732 Author: Mary Beth Hartill LEGAL GROW OP HOPING TO SET UP SHOP MAGNETAWAN - The Municipality of Magnetawan may be the first in the area to welcome a medical marijuana grow operation. According to a letter by Craig Ferchat, president of Harena Maris Health Products Inc., the company has submitted applications with Health Canada to become a licensed producer under the Marihuana for Medical Purposes Regulations. "One application is for a pre-existing building, the second is for a building that will be constructed upon acceptance of our application by Health Canada," writes Ferchat. The proposed activities at the North Horn Lake Road site includes production of dried marijuana, including but not limited to germination, propagation, growing, harvesting and drying; packaging and storage for sale of the dried product; transportation and distribution of dried marijuana; and sale of dried marijuana to authorized persons under the regulations. The applications are awaiting federal approval. Council received letters from planner Jim Dyment of MHBC and Edward Veldboom or Russell, Christie, LLP Barrister and Solicitors. Ecomomic development officer John Santarossa summed up the two letters stating that both indicated that the proposed use meets with the zoning ordinance and that Herina Maris Health Products Inc. now await Health Canada's approval, which they expect in March or April of this year. "Despite the legal issues, in our opinion growing marijuana is no different than any other agricultural product from a land use perspective," wrote Dyment in a Jan. 21 memorandum. "The definition of farm in the bylaw has a very broad range of uses but uses the term 'agricultural' in general terms and then goes on to define uses which may be included. The fact that marijuana growing is not listed as a use in a definition of farm does not preclude the use from being considered as a farm use. The use is growing a crop for sale." Dyment later notes that within the rural zone, the municipality's zoning bylaw does permit the growing and selling of marijuana. "This being the case, the sale of eatable products containing marijuana should be treated in the same manner as baked goods such as pies available at any other agricultural operation," he writes. However, Dyment also notes that if the marijuana were to be processed on site it is his opinion that it would become an industrial use, only permitted under an industrial (M1) zone. Veldbloom writes that, although there is mention of the need for a medical marijuana production facility's owner/operator to comply with local municipal bylaws and regulations in Health Canada Publications, they could find no direct reference to these requirements in the regulations. "In the absence of clear and express requirements (in the regulations) requiring compliance with zoning, where an activity is subject to exclusive federal jurisdiction there can be questions as to whether a municipality has any authority to regulation that activity (through zoning or otherwise)," said Veldboom. Veldboom writes that in many cases the issue can only be resolved through the application of established legal doctrines concerning dual compliance and conflict, stating that the analysis can become complicated and, in many cases, require judicial intervention. "In this case it would appear that the issue of the municipality's authority (i.e. the applicability of its zoning) is moot based on the memorandum provided by Mr. Dyment. He has indicated that the cultivation of marihuana and its production for sale would be permitted under the current zoning that applies to the subject property (as an agricultural use in the rural zone," wrote Veldboom. Regardless of the zoning, members of council to not appear opposed to the prospect of a medical marijuana facility in the municipality. "This would be a very good thing," said Coun. Barry Mutton. "The family behind this are long-time part-time residents at least. I know them quite well and they are very interested in supporting this community or this area they always have so I'm very excited to see them applying invest in the community." Council Bryan Hampson cited the former Hershey factory in Smith Falls now converted to a medical marijuana grow. "It's now a marijuana grow =C2=85 big big big plant=C2=85 that really put a lot of people out of work when that chocolate bar factory closed," he said. Mayor Sam Dunnett agreed, stating that medical marijuana is a new employment opportunity in Canada. - --- MAP posted-by: Matt