Pubdate: Mon, 09 May 2016
Source: Hamilton Spectator (CN ON)
Page: A1
Copyright: 2016 The Hamilton Spectator
Contact:  http://www.thespec.com/
Details: http://www.mapinc.org/media/181
Author: Matthew Van Dongen

GROW-OP OWNER WON'T FIGHT THE CITY

Growers Have Been Told To Solve Bylaw Standoff With City Or
Leave

The owner of a bar-turned-medicinal pot grow-op in east Hamilton has
told tenants to "solve" a bylaw standoff with the city or get out.

The city only learned the former Boomers bar and strip club on
Kenilworth Avenue North had quietly morphed into a medical marijuana
facility after residents complained about pungent odours wafting down
the street.

Police investigated, but found the growers had three federal licences
to cultivate and store medical marijuana. The city has issued a zoning
violation giving the owner until June 20 to either stub out pot
production or apply for rezoning.

Lawyer Yigal Rifkind, who represents a corporate building owner
identified in property records as Maple Leaf Wellness (Canada) Ltd.,
said he believes the federal licences "trump" city zoning rules for
the building.

But Rifkind added the owner has "no intent to go to war with the city"
and has told tenant growers to fix both the escaping fumes and the
municipal conflict.

"We're saying, you solve this and solve it quickly, otherwise you're
gone," he said. It's not yet clear how long the owner is willing to
wait for resolution, but Rifkind said he would consult further with
tenants in the coming days.

He added he didn't immediately have permission to identify the tenants
or corporate directors associated with the owner.

Rifkind said he didn't know whether the escaping fumes were the
product of a faulty or inadequate ventilation system. The Spectator
spoke to several neighbours who had periodically noticed the smell of
pot.

"Some mornings, it's all you smell down the whole street," said
Jessica Albers, who lives several doors down from the former bar.

Rifkind, who has represented other medical marijuana groups, said he
generally considers such growers "good tenants," both for neighbours
and landlords who can expect higher-than-average rental rates.

Rifkind also called the conflict a "tempest in a teapot" given
revamped federal medical marijuana laws are expected to be unveiled
within months. It's possible the new rules will invalidate the
production licences in use on Kenilworth, he said.

Coun. Sam Merulla said he believes the owner must comply with city
zoning rules, federal licences or no. But the Ward 4 representative
added he's pleased to hear the owner has no desire to fight or ignore
the city's order.

"If they want to work with the city, I will assist in facilitating the
meetings," he said, suggesting the owner or its tenants could look at
some of the newly approved industrial zones now open to medical
marijuana grow-ops.

"But if you're serious about it, don't act like you're above the law.
Don't act in secret, cause odour problems and force us to go after you
for property standards issues."

Merulla also circulated a notice of motion last week that would call
on Health Canada to provide a list of all "active licences" to produce
medical marijuana in Hamilton.

The federal government tried to implement new legislation governing
medical marijuana production and sale in 2014 that included a public
registry of licensed companies and required all licence holders to
comply with municipal bylaws.

A successful court challenge, however, sent bureaucrats back to the
drawing board.

Health Canada told The Spectator the government can't identify holders
of older medical marijuana licences. But in an emailed statement, it
said "any individuals who are producing marijuana for medical purposes
.. who disregard their authorization or licence requirements, or any
other related legislation, may be subject to law enforcement measures."

The city has said Hamilton police found no evidence at Kenilworth of
licence breaches or criminal activity. A police spokesperson refused
to confirm or deny the information.  
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MAP posted-by: Jo-D