Pubdate: Thu, 09 Jan 2014
Source: Northern Life (CN ON)
Copyright: 2014 Northern Life
Contact:  http://www.northernlife.ca/
Details: http://www.mapinc.org/media/2396
Author: Darren MacDonald

PLANNING FOR LEGAL GROW OPS

Coming to a city near you: New fed rules privatize medical marijuana
industry

With new federal regulations set to take effect in April, the city is
starting to plan exactly what rules it wants in place for local
producers of of medical marijuana.

On Monday, the planning committee will receive a report on the zoning
and other implications a prospective commercial marijuana grower will
have to meet if they want to supply Sudburians who have a legal right
to medicinal pot.

After April 1, people who have permission to buy pot for medical
reasons will have to buy it from an approved commercial grower.
Previously, they could grow their own or buy it from Health Canada. As
of December 2012, there were more than 8,600 people in Ontario who
were authorized to possess marijuana.

To prepare for the new rules, which requires patients to buy only from
approved commercial growers, Greater Sudbury is considering whether it
wants to pass a bylaw to govern how it deals with applications to
operate a production facility in the city.

"The regulations aim to treat marijuana like other narcotics used for
medical purposes and aims to create a new industry for the production
and distribution of quality-controlled marijuana for medical
purposes," a staff report says.

"The new regulations respond to numerous stakeholder concerns with the
previous program, including the risk of abuse by criminal elements;
health and fire risks associated with the cultivation of marijuana
plants in homes; and patients' concerns regarding the length and
complexity of the application process."

The goal of the new laws is to create a process in which legal
commercial growers "provide an accessible and reliable supply of
medical marijuana," the report says.

Health Canada will be responsible for inspecting and auditing
marijuana producers, who have to follow strict rules regarding such
things as product quality, personnel, record-keeping, safety and
security. Medical marijuana will be distributed to registered clients
through secure courier.

Previously, growers approved by Health Canada faced few restrictions,
and there was little municipalities could do about odour and other
complaints from neighbours.

"Under the new regulations, municipalities are permitted to regulate
the development standards and location of medical marijuana production
facilities through local zoning-bylaws," the staff report says.

"Health Canada regulations state =C2=85licensed producers are required to

notify their local government, local police force and local fire
officials of their intention to apply to Health Canada, so that local
authorities are aware of their proposed location and
activities."

So if a producer were to apply to open a production facility in
Sudbury, the city needs to be ready with a bylaw outlining local
policies, the report concludes. If city council decides it wants to
formulate a bylaw, public hearings would be held to get input.

And with more than 8,600 medical marijuana users approved in Ontario
alone as of December 2012, it's likely a producer will be interested
in setting up in Sudbury.

"It can be anticipated that operators may attempt to establish
federally licensed commercial production facilities in the city," the
staff report says "As such, it is necessary to contemplate the impacts
from a planning perspective, in addition to all other relevant
regulations, to mitigate the potential impact that these facilities
could present relative to public safety and nuisances."

Greater Sudbury Police have expressed concerns about the backgrounds
of commercial growers, and want to ensure they are properly screened.
Security measures at such a facility is also a key concern.

Meanwhile, the Greater Sudbury Fire Department wants to ensure growers
are following strict fire code regulations and are willing to open
facilities to ongoing inspections.

"Medical marijuana production facilities are intended to be highly
secure areas," the report says. "To assist in maintaining a higher
level of security for these sites, the city may consider requiring
that they be separated from publicly accessible uses and residential
areas which would include lands zoned residential, institutional,
commercial, park and open space."

Members of the planning committee are being asked to give city staff
approval to formulate proposed amendments to current zoning bylaws and
to schedule public hearings on the changes.
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MAP posted-by: Matt