Pubdate: Mon, 25 Jul 2016 Source: Ottawa Citizen (CN ON) Page: A8 Copyright: 2016 Postmedia Network Inc. Contact: http://www.ottawacitizen.com/ Details: http://www.mapinc.org/media/326 Author: Riley Brockington Note: Riley Brockington is the councillor for River Ward. LOCAL RULES FOR POT DISPENSARIES CAN'T WAIT Marijuana Shops Are Opening Near Homes, Writes Riley Brockington. Prime Minister Justin Trudeau made it clear in his 2015 campaign that he intends to make the consumption of marijuana for recreational purposes legal. Health Minister Jane Philpott, at the General Assembly of the United Nations in April, confirmed that the federal government will introduce legislation in the spring of 2017. The election and subsequent reconfirmation of these intentions hasn't slowed budding entrepreneurs from opening marijuana dispensaries across Canada, including half a dozen this month in Ottawa. Unless a dispensary has received permission and a licence from Health Canada, recent establishments in Ottawa and across Canada may be operating illegally. The use of marijuana for medicinal needs, as prescribed by a doctor, is permitted, while the sale and consumption for recreational purposes is still illegal. When the Conservative government introduced legislation to permit regulated marijuana production facilities, City of Ottawa staff were directed to examine where such facilities should be permitted in the city. This direction ultimately led to a zoning bylaw amendment (2014-74) which permits lawful, federally licensed facilities for the production of medical marijuana to be located in industrial zones, subject to separation distance requirements from residential and institutional zones. But what about establishments that are selling marijuana for medicinal and/or non-medicinal consumption? To suggest that the legal issues about growing, selling and using marijuana are in a state of flux is the understatement of the decade. The exponential growth of marijuana dispensaries in Vancouver and Toronto indicates that supply is struggling to meet demand. While Ottawa's establishments pale in comparison to those in larger Canadian cities, legitimate concerns have been raised by residents. Two weeks ago, on Laperriere Avenue in Carlington, a tiny rental house across the street from a Montessori School was painted green. Large white lettering was splashed across the side, saying Ottawa Cannabis Dispensary. No notice was provided to the local community, nor my office, of the pending opening, and as expected, local residents demanded to know why this dispensary was setting up in their residential community. Given that the use of marijuana for recreational purposes is still illegal under the Criminal Code of Canada, municipalities feel handcuffed in their ability to regulate or pass bylaws that would govern the local marijuana dispensary industry. Following a two-year review, the City of Vancouver introduced a requirement for an annual licensing fee and all dispensaries must be greater than 300 metres from a school, community centre or other existing dispensary. Ottawa needs to follow that lead and engage in community consultations. By introducing regulations ahead of the federal legislation, I believe the City of Ottawa can better control this new industry - particularly the issue of where the dispensaries open. It is paramount to consider the needs of the community, have an open discussion and build regulations that respect and reflect both the residential communities and the industry itself. Given already stretched resources, is the day-to-day monitoring of Ottawa's dispensaries a wise use of the Ottawa police's attention? If the Ottawa police were to confirm that they intend to crack down on illegal dispensaries, what other urgent police work will be pushed to the side to devote to this matter? Although federal legislation is pending, I believe the City of Ottawa needs to review all options available to pursue, including the consideration of licensing these establishments, control where they open and engage the public during this process. - --- MAP posted-by: Jay Bergstrom