Pubdate: Wed, 03 Jul 2013 Source: Osoyoos Times (CN BC) Copyright: 2013 Osoyoos Times Contact: http://www.osoyoostimes.com/ Details: http://www.mapinc.org/media/3873 Author: Keith Lacey COUNCIL VOTES TO DEFER DECISION ON PREPARING MEDICAL MARIJUANA BYLAW UNTIL EARLY OCTOBER Members of Town of Osoyoos council have deferred making a decision on drafting a medical marijuana production and licensing regulation bylaw until the fall in order to conduct some more research and see what other communities are doing as new federal legislation is changing the way municipalities must deal with medical marijuana production in the future. Janette Van Vienen, the town's director of corporate services, told members of council Tuesday that the federal government is changing legislation with regard to medical marijuana access and distribution, effective April 1, 2014. Licenses permitting individuals to grow their own marijuana will no longer be issued. Instead, the federal government will allow for the commercial production and distribution of marijuana through legislation, she said. With the new legislation coming into effect in nine months, it is imperative that council look at ways of regulating this type of business, said Van Vianen. There are many factors involved with this type of enterprise and, therefore, it would be most beneficial for council to consider a new bylaw to be drafted to licence and regulate the cultivation and production of medical marijuana, she said. Council must consider such factors as where such a commercial operation would operate from and whether the production and distribution of marijuana should take place, she said. The commercial production of medical marijuana can be prohibited in all zones, she said. Since the new regulations anticipate that medical marijuana will be distributed by pharmacies or by Canada Post through the mail, commercial production need not take place in all municipalities. However, if council decides the commercial production of medical marijuana will not be a permitted use in any zone, it must be a decision based on a land use analysis having consideration to the impact on the neighbourhood in relation to such key factors as odour and security concerns, said Van Vianen. If it is determined there is no land that would be suitable for this type of operation within town boundaries, an amendment to the town's zoning bylaw would be required effectively prohibiting the commercial production of medicinal marijuana in all zones, she said. If permitted in one or more zones, the town's land use regulations should address the impact on neighbouring properties or buildings and determining whether the use can be combined with any other use or purpose. Mayor Stu Wells said council should defer making any final decision on this issue until after the Union of British Columbia Municipalities (UBCM) conference this fall. "We don't need 180 municipalities dealing with this separately," said Wells, saying this controversial subject will initiate a lot of debate amongst community leaders and citizens in the coming months. Any large commercial operation that grows medical marijuana would have to be located away from any residential neighbourhood in his opinion, said Wells. "These things are very stinky," he said. "Maybe you don't want a (legal) small grow operation around people who would smell this stuff when they're having a bunch of friends over on Canada Day." Wells said he believes the government will be leaning towards granting licenses to grow medical marijuana to small businesses like greenhouse operators who already grow fruits and vegetables using a lot of the same equipment that will be needed to grow pot. It would be a waste of staff resources to work on this proposed bylaw when it's clear the federal government doesn't know exactly where it's going with the proposed legislation, said Wells. Coun. C.J. Rhodes said the reality is the commercial production of medical marijuana is going to continue across Canada and "if done right, it could become a major economic driver" to any community which grows it for the federal government. "I would hate to see us miss out on this opportunity" by enacting a bylaw without careful consideration of possible economic benefits to the community, said Rhodes. Medical marijuana greatly enhances the quality of life for many people in this country and he believes more and more people will be gaining access to using it and this must be considered as well, he said. Council voted to defer making any further decisions on this issue until its first meeting in October.