Pubdate: Fri, 04 Jul 2014
Source: Abbotsford News (CN BC)
Copyright: 2014 Abbotsford News
Contact: http://drugsense.org/url/BkAJKrUD
Website: http://www.abbynews.com/
Details: http://www.mapinc.org/media/1155
Author: Alex Butler

GROW-OP AG LAND BAN DENIED

Province won't allow farm tax for new grow-ops on ALR land

Commercial marijuana grow-ops could come to Abbotsford despite efforts
to keep them outside city limits after the province rejected the
city's proposed bylaw to ban grows from the Agricultural Land Reserve
(ALR).

Abbotsford has passed bylaws to keep the new federal system of legal
grow-ops off industrial and residential land. The city is one of four
B.C. communities that sought a ban in the ALR, but received a letter
from the province denying the request.

In a news release last week, the province cautioned cities with plans
to ban marijuana producers on agricultural land that they might face
constitutional challenges by prohibiting the new system from the ALR.

The province also announced that marijuana producers are now excluded
from the list of agricultural uses that qualify for the lower farm tax
rate, much like gravel pits and wineries.

A City of Abbotsford news release explains that while the city will
not lose property tax revenues from grow-ops, the decision doesn't
address other potential issues such as public safety, fire protection,
infrastructure servicing and more.

City manager George Murray said the city is consulting legal counsel
to understand the decision and the impact on how municipalities can
regulate grow-ops in their communities. A report on how the decision
will impact Abbotsford will come to city council in the coming weeks.

Several cities have passed bylaws allowing pot producers to operate
only on industrial land, so the buildings don't effectively pave over
productive farmland.

The federal government has so far issued five medical marijuana
production licenses in B.C., to operators in Central Saanich, Maple
Ridge, Whistler, Nanaimo and Spallumcheen, while hundreds of other
applications are under consideration.

In Abbotsford, a company has applied for a business licence to
establish a legal grow-op on ALR land on Vye Rd. near Upper Sumas
Elementary School.

Council decided on March 31 to hold the application for 90 days, which
is allowed if an application is in conflict with a bylaw that is in
preparation.

Though commercial grows are being established, the federal
government's shift to commercial growers remains under a legal cloud,
awaiting a constitutional challenge launched by Abbotsford lawyer John
Conroy on behalf of authorized growers who want to continue home production.

Producers were granted a temporary injunction to continue growing
until the case goes before the courts. The federal government has
announced plans to appeal the decision allowing the temporary
injunction.
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MAP posted-by: Matt