Pubdate: Tue, 26 Feb 2013
Source: Chilliwack Times (CN BC)
Copyright: 2013 Chilliwack Times
Contact:  http://www.chilliwacktimes.com/
Details: http://www.mapinc.org/media/1357
Author: Paul J. Henderson

A GROWING CONFLICT

Running a Business Next to a Legal Marijuana Grow Op

Most of the names in this story have been changed or omitted so as 
not to identify the location of the medicinal marijuana grow 
operations in question.

Kim and John Smith are used to strange looks from sniffing customers 
at their Chilliwack business.

On a recent visit by the Times, John walked from the small storefront 
office to the back of his 2,000-square-foot operation. He turned on 
an industrial fan needed for his work. Within minutes the room filled 
with the unmistakable smell of marijuana.

The problem, which has consumed the couple for four years, is that 
their business neighbours have a medicinal marijuana grow operation, 
one that is about to more than double in size.

"It absolutely reeks," Kim says of the constant odour. "And he is not 
operating his full licence yet."

The Smiths' business is run out of a two-unit commercial strata 
building in an area of the city zoned light industrial. What baffles 
them is that there was no consultation before someone was allowed to 
grow marijuana on the other side of a shared wall.

"We had no say in the matter," Kim said.

A Health Canada bureacrat told the Smiths the medical marijuana 
program refers to property ownership, but does "not differentiate 
between types of buildings such as semi-detached, apartment or stand alone."

Kim has a thick binder of letters, emails and newspaper clippings she 
has amassed since 2009, when the neighbour first informed the Smiths 
that he was a designated grower with more than 100 plants.

As part of Health Canada's medical marijuana access regulations 
(MMAR), there are two types of growing licences: personal use 
production licences (PUPL) and designated person production licences (DPPL).

There are 513 PUPLs in Chilliwack and 77 DPPLs as of Feb. 18, 
according to Health Canada. That is more than triple the number of 
legal marijuana growers in Chilliwack from a year ago.

Feb. 28 is the deadline Health Canada has set to comment on its 
proposed changes to the MMAR. Under those proposed changes, all 
growing will be removed from residential areas, but there is some 
uncertainty over where the growing will now be allowed.

Mayor Sharon Gaetz has been vocal in her concern about medicinal 
marijuana growing in Chilliwack and where the operations are located.

"This is a huge issue, it's neverending," Gaetz said. "This is just 
one of the examples of the conflicts in neighbourhoods. . . . The 
problem is that we haven't had consultation about where grows shall 
go. If I want to put a duplex in, I have public hearings and 
neighbours are invited out. Growing marijuana is a big industrial business."

And so it should be restricted to industrial areas, according to Gaetz.

The mayor may get her way as the proposed changes mean municipalities 
will get a say.

"Decisions regarding zoning and the location of businesses fall under 
the jurisdiction of local governments," a Health Canada spokesperson 
told the Times via email. "The proposed regulations do not stipulate 
where licensed producers should be located, but do ensure that 
municipalities are aware of the location of production sites in their 
communities.

"Furthermore, licensed producers would be required to notify their 
local government, local police force and local fire officials of 
their intention to apply to Health Canada."

This still doesn't answer the Smiths' question of whether or not the 
grow operation next to them will have to move when changes come into 
effect April 1, 2014.

The Smiths' shared cinderblock building has basic drywall dividing 
the two units. Given their neighbour's security measures, the easiest 
way for anyone to break in to steal the plants is through the Smiths' 
door and through the wall between the units.

While complaints about such situations are common, municipalities, 
fire departments and even the police say in many cases their hands 
are tied because of privacy issues surrounding medicinal marijuana.

But Health Canada says if there is suspected criminal activity at a 
grow operation, people should call the RCMP. And bylaw, fire and 
electrical inspections are out of its area of authority.

While changes are coming, there is much uncertainty and Kim feels no 
one is listening. Four years ago she complained to then MP Chuck 
Strahl, who directed her to Health Canada. Then last week she 
cancelled a meeting planned with current MP Mark Strahl because she 
was only given 30 minutes, not nearly enough time to outline her 
concerns, she said.

"It started with Chuck Strahl," she said. "I have written so many 
letters and emails and have not received answers. . . . It's been one 
deaf ear after another."

On the other side of the issue, some of those who hold designated 
grower licences and some who hold personal use licences have made 
significant monetary investments in their operations only to now have 
the federal government pull the rug out from under them.

Jason Wilcox has suffered from a terminal illness for 20 years and 
relies on his personal production of cannabis to relieve his 
suffering. Wilcox is the CEO of the newly formed MMAR Coalition 
Against Repeal, and he said the proposed changes will trample patient rights.

Wilcox said fear-mongering and a few cases of illegal behaviour have 
spoiled it for the 28,000-or-so people in the country licensed to use 
marijuana for health conditions.

"We all do our best to comply," Wilcox told the Times. "It's just 
like drivers who speed. We've had a few bad apples that the media 
tacks on to and the Conservatives want to throw it in our face."

On Dec. 16, 2012, Health Minister Leona Aglukkaq announced the 
proposed changes and said that the current regulations "have left the 
system open to abuse."

When contacted by the Times, the owners of the unit adjacent to the 
Smiths declined to be interviewed. When asked about the expanded grow 
operation the owner asked why the Times was focused on that address 
in particular when there are so many others in Chilliwack, even in 
the same neighbourhood.

* See the Thursday Times for a look at residential medicinal 
marijuana growing in a rural area in the ALR.

A GROWING CONFLICT

Part 1 - Fighting medicinal marijuana's growth in commercial zones

Part 2 - Use of farm land for future growth of pot industry is a major concern
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MAP posted-by: Jay Bergstrom