Pubdate: Wed, 26 Mar 2014
Source: Calgary Herald (CN AB)
Copyright: 2014 Postmedia Network
Contact:  http://www.calgaryherald.com/
Details: http://www.mapinc.org/media/66
Author: Jason vanRassel
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

ROCKY VIEW AMENDS LAW ON MEDICAL POT INDUSTRY

Rocky View County has amended its land-use bylaw to restrict 
commercial medical marijuana grow operations, but the move isn't 
likely to settle lingering legal issues around the new industry.

At least one local resident who has already applied to Health Canada 
for a licence under the new distribution regime said the new bylaw 
won't halt work to build a medical marijuana operation on his rural 
property west of Airdrie.

"My solicitor says it's business as usual," said Stan Swiatek, whose 
company, Sundial Growers, has spent several months converting a 
decommissioned greenhouse on his land in anticipation of getting a 
Health Canada permit.

Health Canada announced last year it would contract private 
commercial growers to supply medical marijuana to the country's 
40,000 licensed users, prompting applications from dozens of 
companies across the country. So far, it has approved 12 applications.

Swiatek said Sundial's proposed marijuana operation complied with 
Rocky View's land-use bylaw as it was written when he began 
renovating his greenhouse last year.

But the amendments passed Tuesday classify medical marijuana-growing 
operations outside a horticultural or market garden business.

Under the new bylaw, medical marijuana operations are restricted to 
business and industrial areas and their property line must be at 
least 400 metres from the boundary of any school or residential area.

Because medical marijuana is a new industry, Rocky View 
administrators who drafted the new bylaw said any growers should be 
away from residential areas and schools until issues such as safety, 
traffic and environmental impacts can be understood.

Rocky View councillors agreed, voting unanimously in favour of the 
amended bylaw.

"I would much prefer we proceed cautiously," said Division 7 Coun. 
Lois Habberfield.

The new bylaw doesn't prevent medical marijuana operations on 
agricultural land, but now requires a re-zoning application.

"We will hear (an application) and give you a fair shake," Habberfield said.

But opponents to the bylaw who spoke during a public hearing prior to 
the vote said the requirements are so onerous it effectively bans 
medical marijuana operations.

Resident Stephen Gehring, who represents a local group that has 
applied for a Health Canada permit, told council the red tape will 
prevent a lucrative industry from taking root and creating jobs in Rocky View.

The federal government has estimated the number of licensed medical 
marijuana users could grow to 450,000 by 2024, generating $1.3 
billion in sales for producers.

"This is an industry people are rushing into. They're going to move 
to the areas that are going to allow this industry to go forward," 
Gehring said.

Farmer Vern Breton said complaints about increased traffic aren't 
based in reality because medical marijuana grow operations won't 
dispense the drug on site: the only added traffic will be from 
employees and the occasional delivery truck taking packaged marijuana 
to a courier or postal depot.

"The school buses pass by my land more often than that," Breton said.

Breton said he spoke out against the bylaw on general principle: 
although he has no plans to grow medical marijuana, he said it's a 
now-legal crop the county has no business regulating.

Because the medical marijuana program falls under Health Canada's 
jurisdiction, Rocky View could find itself the target of legal action 
if it tries to impede local growers, Breton added.

"Our county will be drawn into costly legal challenges," he said. 
Although a number of companies are vying to become licensed growers, 
Health Canada's new distribution scheme is being met with skepticism 
and opposition from some patients.

Last week, the Federal Court issued an injunction allowing growers 
licensed under the old system to continue cultivating their own 
marijuana beyond the March 31 shutdown date mandated by Health 
Canada.The plaintiffs are launching a constitutional challenge to the 
new distribution scheme, saying they won't be able to afford to buy 
from the commercial growers and will no longer be able to get the 
strain of marijuana they're currently growing themselves.
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MAP posted-by: Jay Bergstrom