Pubdate: Fri, 06 May 2016
Source: Hamilton Spectator (CN ON)
Copyright: 2016 The Hamilton Spectator
Contact:  http://www.thespec.com/
Details: http://www.mapinc.org/media/181
Author: Matthew Van Dongen
Page: A1

CITY ORDERS EAST-END MEDICAL POT GROWER TO SHUT DOWN OPERATIONS

Federally Licensed Grow-Op on Kenilworth Slapped With Zoning 
Violation After Complaints From Neighbours of Strong Smell

Municipal bylaw enforcement is trying to shut down a federally 
licensed medical marijuana grow-op that set up shop on Kenilworth 
Avenue North without the city's knowledge.

Coun. Sam Merulla said he asked bylaw and Hamilton police to 
investigate in late March after residents complained about a "strong 
smell" of pot around the former Boomers Bar and Grill, which backs 
onto a street of small homes.

"It has been causing consternation in the neighbourhood for a few 
months now," Merulla said.

But after police consulted with Health Canada, they told bylaw 
officials the building is linked to three federal licences to legally 
grow and store marijuana, said bylaw enforcement manager Kim Coombs. 
The licences allow for hundreds of plants and up to 12,000 stored 
grams of marijuana.

That was news to the city, said Coombs, adding bylaw officers assumed 
the battered building was vacant up until last month and had even 
issued a property standards notice to fix a dangerously sagging "Boomers" sign.

Now, the city has issued a zoning violation notice to the owner, 
identified in land registry documents as Maple Leaf Wellness (Canada) 
Ltd., ordering an end to any marijuana production by June 20. The 
maximum fine for a first conviction for a corporation is $50,000. The 
notice also gives the owner the option of submitting a rezoning application.

But the city's new medical marijuana zoning rules don't allow for 
such facilities in commercial areas and Merulla said he would oppose 
any rezoning effort. "Given the way they've conducted themselves, 
it's obvious they have no intention of working with the city," he 
said. "They should be kicked out."

The Spectator couldn't reach anyone associated with the registered 
property owner Thursday. No one answered the door at the Kenilworth building.

Opinions differed among residents and business owners on whether the 
surprise new business should be allowed to stick around.

The pot odour is a problem - particularly when you have to explain it 
to the kids, said Jessica Albers, who lives several homes down from 
the former bar. "Some mornings, it's all you smell down the whole 
street," she said.

The only recent improvements Albers can see to the graffiti-scarred, 
long-empty building are security cameras on the side and front. But 
she suggested if the owners fixed up the derelict frontage and 
controlled the smell, "I probably wouldn't have a huge issue with it."

Robin Foster, on the other hand, thinks a grow-op - legal or not - is 
bad business for a street aiming to rejuvenate its image. "We're on 
the way up here on Kenilworth and that (business) is not the kind of 
thing we need," said the owner of Bob's Scuba Shop. "They should put 
in a bakery instead."

Hamilton police were unable to provide information Thursday about 
their investigation of the building. But the city says it was told 
police entered the building and found no evidence of licence breaches 
or criminal activity.

A Health Canada spokesperson said he couldn't respond to Spectator 
questions about the facility licences in time for publication.

The federal government tried to implement new legislation governing 
medical marijuana growing, production and sale in 2014 that called 
for all licence holders to comply with municipal bylaws. In response, 
Hamilton updated its zoning rules to allow such facilities in certain 
industrial and agricultural areas.

But a successful challenge of the law and a court injunction means 
production licences issued under older medical marijuana laws remain 
valid. Municipal zoning permission was not a condition to obtain those licences.
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MAP posted-by: Jay Bergstrom