Pubdate: Fri, 12 Aug 2016
Source: Osoyoos Times (CN BC)
Copyright: 2016 Osoyoos Times
Contact:  http://www.osoyoostimes.com/
Details: http://www.mapinc.org/media/3873
Author: Richard McGuire

MEDICAL POT DISPENSARIES STILL ILLEGAL UNDER NEW FEDERAL REGULATIONS

Medical marijuana dispensaries will continue to be illegal under new
regulations announced Thursday by Health Canada.

The announcement comes just days after Osoyoos town council voted
Tuesday to give third and final readings to a zoning bylaw amendment
that prohibits the dispensaries in Osoyoos.

Health Canada's announcement of new regulations, to be known as Access
to Cannabis for Medical Purposes Regulations (ACMPR), is a response to
a federal court decision, Allard v. Canada, in February.

These regulations, which come into effect Aug. 24, replace the
Marihuana (sic) for Medical Purposes Regulations (MMPR) put in place
under the Stephen Harper Conservative government.

Under the new regulations, Canadians who have been authorized by their
health care practitioner to use cannabis for medical purposes will be
able to produce a limited amount themselves, or designate someone to
produce it for them.

They will also still be able to purchase safe, quality-controlled
cannabis from one of 34 produces licensed by Health Canada.

Those wishing to grow cannabis or designate someone to grow it for
them will require authorization from their health care practitioner
and will also need to register with Health Canada.

Additional information on how to register and legally purchase seeds,
plants and other starting materials will be available on Health
Canada's website on Aug. 24.

Health Canada reaffirmed that storefronts known as "dispensaries" and
"compassion clubs" are illegal.

"These operations are illegally supplied and provide products that are
unregulated and may be unsafe," Health Canada says in a news release.
"Illegal storefront distribution and sale of cannabis in Canada are
subject to law enforcement action."

The government says the ACMPR are designed only as an immediate
solution to address the federal court judgment. The court gave the
government six months to bring in new regulations responding to its
decision in Allard v. Canada.

"These regulatory changes should not be interpreted as being the
longer-term plan for the regulation of access to cannabis for medical
purposes, which is presently being determined as part of the
government's commitment to legalize, strictly regulate and restrict
access to marijuana," the Health Canada news release says.

Osoyoos council originally intended only to pass third reading of the
bylaw Tuesday, but they opted to give the fourth and final reading at
the same meeting after administration told them this was permitted.

The decision follows a public hearing on July 18 attended by about 15
people, of which seven made presentations.

Four represented the medical marijuana industry, one appeared to be an
industry supporter and two were concerned citizens. The two concerned
citizens spoke in support of the town's bylaw.

Under the bylaw, the only type of medical marijuana business permitted
in town is a grow operation, which is only permitted in industrial
zoning with council's approval. No dispensaries are permitted.

The bylaw was characterized as an interim measure by Alain Cunningham,
director of planning and development services.

Cunningham said the bylaw would provide certainty on council's
position against marijuana retail outlets until they are permitted
both by federal law and town bylaws.

The bylaw would also avoid potential claims by illegal operators to
legal, non-conforming zoning status and "grandfathering" rights if the
federal government were to legalize dispensaries.

Cunningham also provided council with results of a survey of other
municipalities that found most taking similar measures, "except
notably for Nelson and Nanaimo who have experienced large numbers of
illegal openings in the absence of clear policy against them."

Council was split on the bylaw with Mayor Sue McKortoff and
councillors Jim King and Carol Youngberg supporting it.

Councillors Mike Campol and C.J. Rhodes argued against it, saying it
was unnecessary and sent a message of intolerance.

Councillors on both sides, however, acknowledged the need for access
to medical marijuana as well as the need for zoning of dispensaries if
they become legal.

Although Campol opposed the bylaw, he said council showed transparency
by calling the hearing on the issue and allowing citizens and groups
to speak.

"I think the process has been extremely fair," said Campol.
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MAP posted-by: Matt