Pubdate: Wed, 13 Jan 2016
Source: Cowichan Valley Citizen (CN BC)
Copyright: 2016 Cowichan Valley Citizen
Contact:  http://www.canada.com/cowichanvalleycitizen/
Details: http://www.mapinc.org/media/4349
Author: Sarah Simpson

NO POT SHOPS FOR DUNCAN: CITY PROHIBITS DISPENSARIES, FOR NOW

The City of Duncan is firming up its policy on marijuana dispensaries 
until such time as federal law becomes clear.

Karen Robertson, corporate services director told Duncan council at a 
special meeting on last week that its business bylaw requires 
non-profit societies and businesses to have a valid licence and 
storefront marijuana dispensary business applications are being 
denied by the city currently because of the illegal use federal law.

But it's a tricky situation and council is hoping to clear it up.

"What's been confusing to some residents is the differences between 
the actual local, provincial and federal laws related to the 
storefront and that's why they've been sort of popping up, if you 
will, in other jurisdictions," Robertson told council. "It is 
difficult, though, to explain that to folks who have other 
dispensaries in other jurisdictions."

In places like Nanaimo, she said, there are no requirements in their 
business licence bylaws for non-profits to obtain licences so that 
leaves them free to open up storefronts.

"And then what happens is the enforcement of that defaults to the 
RCMP and they are just overwhelmed right now with other issues and so 
the RCMP have actually approached local governments to say 'it would 
be helpful for us if we had zoning bylaws locally and business 
licence bylaws that would support the efforts until such time as the 
laws get changed'," Robertson explained. "If we had on our 
applications that you are in fact required to meet local, provincial 
and federal legislation I think it would alleviate some of that 
confusion because the federal oversees the use, the provincial 
oversees the giving of a non-profit status and then of course there's 
your local bylaws with the land use of that product."

Councillor Sharon Jackson noted the amendments to Duncan's bylaws 
would only last as long as the federal government makes up its mind 
about what the regulations are going to be.

"At that point we will likely be looking at this again," Jackson said.

True, Robertson noted, adding council ultimately would decide whether 
they would prefer to continue with a prohibition within city 
boundaries in the future.

That's an option for council no matter what the feds approve.

"Staff are doing a full zoning bylaw review and different options 
will be presented back to council as to what course of action you 
want to go forward with," Robertson told council. "This is at least a 
temporary solution so that council is not in a reactionary mode and 
can give a more thoughtful approach about how it wants to proceed."

Councillor Tom Duncan said amending the bylaws to prohibit marijuana 
related uses is a complete waste of time.

"We're putting the horse behind the cart and I think at this stage, I 
don't see every municipality in British Columbia running out and 
changing their bylaws to prohibit this use," he said. "I think that 
we're jumping the gun, we're spending a bunch of money on changes 
we're going to have to look at again as soon as the federal 
government changes the rules that are in place. We could be in this 
position three weeks from now reviewing these same bylaws."

Coun. Michelle Staples agreed council is in a bit of a strange 
position but she feels it's important to make the changes.

"I feel more comfortable if we were to put ourselves in the position 
where...we weren't waiting for the government, not that I don't think 
the government won't do it, I think that they will, I feel like I 
know that they will, but I don't know how long that will take," she said.

Staples added she felt similar to Coun. Duncan in that it feels a bit 
like jumping the gun, however.

"We know this is going to change, and we need to be discussing how 
we're going to deal with that change."

It is indeed an unusual position, Coun. Michelle Bell said, but one 
that needs a lot of work and a lot of community input moving forward.

She sees the amendments as a stop-gap until those talks can be had.

"I really think the reason for this and this is the reason I've 
agreed with it, is because we're saying 'let's just pause so that 
they don't just pop up all over the place...and let's just ask the 
community what they want.'"

Duncan Mayor Phil Kent said staff has put strong thought into the 
changes and it's widely recognized they're in a tough spot.

"We are at this time reacting to applications for business licensees 
for applications and it's a challenging spot to be in," he said. 
"This provides the pause and for us to thoughtfully look at our 
zoning bylaws, which we are doing right now. I think it gives 
everybody an opportunity to have a reasonable deliberation and 
discussion about it."
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MAP posted-by: Jay Bergstrom