Pubdate: Wed, 08 Apr 2015
Source: Maple Ridge News (CN BC)
Copyright: 2015 Maple Ridge News
Contact:  http://www.mapleridgenews.com/
Details: http://www.mapinc.org/media/1328
Author: Tim Fitzgerald

LAWYER QUESTIONS PITT BAN ON MEDICAL POT

But City Isn't Changing Bylaw, Yet

A Kelowna lawyer is urging the City of Pitt Meadows to rethink its 
bylaw prohibiting the production of medical marijuana within 
municipal boundaries.

Jennifer Thorne, a criminal defense lawyer, is representing a client 
who wants to start a medical marijuana facility in Pitt Meadows. 
Thorne said because of the sensitive nature of the issue, the client 
wants to remain anonymous.

Thorne sent a letter to Pitt Meadows council on March 23 and says the 
bylaw is "likely unconstitutional," that it infringes upon certain 
agricultural rights under the Right To Farm Act.

In the letter, Thorne said it's not within the city's jurisdiction to 
create an outright prohibition of the production of medical marijuana 
on property in the Agricultural Land Reserve.

Bylaw 2626 was put in place last March and amended the city's zoning 
to prohibit the cultivation, processing, drying, storing, 
distribution or testing of medical marijuana in all zones of the city.

Thorne said she hopes the city will rethink it's position as opposed 
to going down the costly road of court.

"I hope not, certainly that's always the last resort," said Thorne, 
who is a member of the National Organization for the Reform of 
Marijuana Laws in Canada.

"You have to appreciate that places like Pitt Meadows enacted their 
bylaw at a time when things were very new and there was a lot of 
unknown, so you do the best you can with the information you have."

Thorne said since the time the bylaw was put in place, a number of 
issues have been clarified through Health Canada and she believes an 
impending decision by the provincial minister of agriculture, Norm 
Letnick, will force the city to change its stance.

However, Pitt Meadows Mayor John Becker, also a lawyer, said until 
the city hears otherwise, the ban will stay in place.

"These facilities are of particular concern to the neighbourhood, 
even in a rather dispersed farming community," said Becker. "Growing 
medical marijuana is a problematic industry right now because of the 
decades of prohibition and the significant involvement of the 
criminal element in its production, sale, and distribution. We're not 
talking about cranberries."

Becker said the city is cautious about moving down the road of 
allowing medical marijuana facilities in its boundaries, but will 
comply with the legalities as imposed by the provincial government.

"We are taking a wait and see attitude," he added.

However, Thorne said the regulations being put in place by Health 
Canada before anyone can open the door on a medical marijuana 
facility should alleviate the city's fears.

"The hurdles that an applicant has to meet are so incredibly onerous 
that only the most sophisticated and well prepared applicant is going 
to get through and get a licence," she said. "It's so heavily 
regulated that it I understand the fear, and it's partly because of 
the history of how medical marijuana production has gone, but I 
really don't think there is reason for fear, when you understand how 
the regulations work in practice. When I say heavily secured, that is 
a drastic understatement. They're more secure than banks, you could argue."

She said any new operation and its owners will be subjected to 
detailed background checks.

"I can't say who my client is, but I can say my client fits the bill 
as a responsible and sophisticated applicant."
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MAP posted-by: Jay Bergstrom