Pubdate: Mon, 11 Mar 2013
Source: Nanaimo Daily News (CN BC)
Copyright: 2013 Nanaimo Daily News
Contact:  http://www.canada.com/nanaimodailynews/
Details: http://www.mapinc.org/media/1608
Author: Darrell Bellaart

CITY MAY CONTROL POT SALES WITH ZONING BYLAWS

Report expected by April

Zoning bylaws to control medical marijuana production and sales could
soon be on the books at city hall.

City planners attended a legal workshop this week to prepare for new
federal laws that will change how medical marijuana is produced and
sold.

Next spring, third-party growers will no longer be licensed to grow
several cannabis plans at home to supply licensed medical marijuana
users. Instead, Health Canada will limit the production and sale of
cannabis to commercial operators, similar to how other drugs are made
and distributed.

With more than half of all personal production licenses held in B.C.,
some cities, such as Surrey and Maple Ridge, are already eyeing new
zoning regulations to control the sale and production of pot. Nanaimo
city staff members are now preparing a report to city council listing
regulatory options, which could be ready, as early as the end of the
month.

"This whole thing, municipalities across Canada are working out how to
deal with this," said Andrew Tucker, city director of planning.

Vancouver lawyer Bill Buholzer led a workshop on regulating grow-ops
and pot dispensaries for Island municipalities in Victoria Wednesday.
Under the Medical Marijuana Access Regulations, anyone licensed to use
pot for health reasons can designate a friend or other person as a
grower-supplier. Some 9,300 people hold personal production licences
in B.C.

City officials learned about regulatory problems recently when city
hall received an application for an escort service at the same address
where a marijuana dispensary already exists.

Without specific zoning regulations, staff are currently powerless to
block either use.

Surrey may have applicants undergo a public hearing in order to get a
business licence. In Maple Ridge, grow operations would be considered
commercial farms, allowable on lands designated for such use under the
B.C. Agricultural Land Reserve.

It's too early to say if existing pot dispensaries would get a
grandfather clause allowing them to continue to operate.

"That's what we're trying to work out, the legal ramifications of
that," Tucker said. "One of the things the lawyer said at this
seminar, some municipalities are actually seeing this as an economic
development tool.

"He didn't name the municipality, but he did say his office has been
contacted by some municipalities."

The council report should be ready "later this month or early April."
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MAP posted-by: Matt