Pubdate: Tue, 05 Jan 2016
Source: Intelligencer, The (CN ON)
Copyright: 2016, The Belleville Intelligencer
Contact: http://www.intelligencer.ca/letters
Website: http://www.intelligencer.ca/
Details: http://www.mapinc.org/media/2332
Author: Jason Miller
Page: A1

PLANNING COMMITTEE APPROVES POT AMENDMENT

Despite apprehension from some around the table, the planning 
advisory committee has lit up bylaw amendments aimed at sheltering 
the city from improper medical marijuana production and sale.

City council will now have to decide if the committee recommendation 
to clearly define how and where these retail and manufacturing 
facilities can operate can proceed on to become law. Public input can 
be submitted on the issue as well.

Coun. Paul Carr declined to back the definitions due to reservations 
about the inclusion of dispensaries and the sale of marijuana and its 
byproducts from those facilities. A motion to slash the dispensary 
(retail) aspect failed to pass.

"I'm concerned about going down that road," he said, adding from his 
research, other municipalities have addressed the industrial aspect 
only for Health Canada medical purposes.

The proposed amended zoning rules now stipulate "medical marijuana 
facility shall mean premises used for the growing, producing, 
testing, destroying, storing, or distribution of medical marijuana or 
cannabis authorized by a license issued by Health Canada."

It also states "marijuana dispensary shall mean a business selling or 
dispensing marijuana or cannabis products as the primary activity of 
the business."

Current zoning bylaws predate the establishment of such uses, 
therefore making it unclear whether a medical marijuana production 
facility could currently be interpreted as an agricultural or industrial use.

"I'm not going to support the resolution because of the dispensary, 
retail side of it." Carr said.

Carr sought clarity as to whether it would be best to hit the brakes 
on doing anything altogether until further direction trickles down from Ottawa.

That's one option, but city planner Greg Pinchin said, as it stands, 
uses aren't clearly defined for retailing or production, leaving the 
door open for any person to claim their typical retail shop or 
manufacturing facility fits the criteria.

Defined wording makes it any applicant for those uses would be 
required to seek a zoning amendment before setting up shop.

Vancouver provides a example of a city struggling to properly 
regulate retailers who are skirting the rules.

"There are a lot of retail outlets that are operating in a grey 
area," he said. "With the potential change in (federal) regulation... 
we want to make sure we're in front."

In doing so the city prevents facilities from sprouting up 
everywhere," Pinchin said.

Coun. Mike Graham, a staunch opposer of the dispensing of marijuana 
products, backed Carr's stance on the issue.

"The dispensary will never get my support," he said.

City director Rod Bovay encouraged the committee to be preemptive, 
saying the storyline to date shows the federal government hasn't 
taken an aggressive approach to clamping down on operators in the 
grey area. "It's causing problems," he said. "That's really the 
reason we're getting on top of this."

Failing to set the ground rules could could result in someone opening 
shops anywhere, including downtown or near a school - and council has 
no tools to prevent it, he said.

"We would be at the whim of enforcement from the federal government," he said.

Mayor Taso Christopher said it's a good start in anticipating pending changes.

"I think staff is ahead of the curve here," he said, adding he 
wouldn't supporting splitting the issues and dropping specifications 
for dispensing. "We have nothing in play to control or do anything.

Committee member David Joyce noted "this gives us an ounce of 
protection, better than what we got by doing nothing," despite saying 
he's not a supporter of the concept.
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MAP posted-by: Jay Bergstrom