Pubdate: Thu, 21 Jul 2016
Source: Ottawa Citizen (CN ON)
Copyright: 2016 Postmedia Network Inc.
Contact:  http://www.ottawacitizen.com/
Details: http://www.mapinc.org/media/326
Author: Jeff Leiper

IT'S TOO EARLY FOR COUNCIL TO REGULATE POT

Until federal laws are in place, it's not up to bylaw officers, writes
Jeff Leiper

On a recent trip to some of the hipper neighbourhoods of Toronto, I
was struck by how quickly marijuana stores have proliferated. It's
inevitable that the debate over municipal licensing and zoning of
their operations will start in Ottawa. Before we head too far in the
direction of premature regulation, we must consider what council can
achieve in the public interest.

The moral and criminal debate is not ours to have. The temptation for
some municipal representatives will be to achieve outcomes that are
the purview of other levels of government. We should resist that temptation.

Next spring, the federal government is expected to introduce
legislation to regulate the production, distribution, retail sale and
consumption of recreational weed. First, we'll hear from a task force
charged with informing us on the development of that regulation,
exploring health impacts, crime, industry economics and more. Those
are all legitimate research areas in advance of new laws, and the
types of questions we expect our federal representatives to pose.

Many residents, however, won't be patient. With a long list of
concerns over drug use in general, and about marijuana retailing in
particular, city council will face calls to act. We will see demands
to create a regulatory regime that addresses the short-term
criminality of these operations, and risks becoming conflated with
residents' concerns over safety, security, access to pot by children,
and drugging and driving.

In Kitchissippi, we saw a small flurry of comment when National Access
Cannabis - a weed-prescription operation - opened on Wellington Street
West. Ottawa Medical Dispensary on Carling Avenue was Ottawa's first
to actually sell product; it opened with almost no resident or press
attention. From a municipal government perspective - zoning and by-law
enforcement - my approach has been to advocate for treating these
stores as retail operations, at least pending clarification of the
federal rules.

I have spoken with the stores in my ward and with potential new
operators, warning them that it appears clear retail operations run
afoul of the Controlled Drug and Substances Act, and that there's
nothing a city councillor can do to prevent charges under that
statute. Police enforcement is up to police, working with the Crown to
determine their approach. But, from a zoning perspective, if a retail
operation is allowed, I feel their operation should be safe from bylaw
officer visits.

When the rules become clearer, municipalities will likely have a role
to play in supporting federal legislation. The first step to creating
a licensing regime or zoning restrictions, though, will be to define
what to regulate. That won't be a productive exercise until the feds
have finalized their legislation.

Should we go down a regulatory path, it will also be critical to focus
specifically on problems supported by existing evidence. Ahead of any
history of how these businesses operate or their effect on
communities, it would be perilous to anticipate problems. Any
crackdown on potential problems might appear to be good politics, but
would be poor policy. A regulatory effort to duplicate police efforts
would be just as ill-advised.

It's never easy for a city council to resist weighing in on any
perceived social ill, but on marijuana stores the best course is to
recognize the federal law is in transition, and that city councillors
aren't police. The conversations around the hallway have already
begun, but it's premature to suggest a regulatory regime. Let's let
police do their work as they see fit, and let the feds continue with
their substantive discussions.

Doing otherwise could see efforts to get proactive on weed sales go up
in smoke.

Jeff Leiper is the councillor for Kitchissippi ward.
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MAP posted-by: Matt