Pubdate: Wed, 15 Feb 2017
Source: Daily Courier, The (CN BC)
Copyright: 2017 The Okanagan Valley Group of Newspapers
Contact:  http://www.kelownadailycourier.ca
Details: http://www.mapinc.org/media/531
Page: A1

West Kelowna Drug policy

'ABOUT TIME' FOR POT RULES, SAYS COUNCIL

New regulations for production, sale of medicinal marijuana get
tentative approval

Owners of pot shops in downtown Westbank can expect a visit from the
police soon.

Such retailing operations are against the law, West Kelowna
councillors noted Tuesday, as they gave preliminary approval to a new
plan to impose more rules on the production and sale of medical marijuana.

"We've had a very clear statement from the RCMP that (pot shops) are
illegal," Mayor Doug Findlater said. "There's no tolerance, and yet
we've been tolerating it."

Current federal law makes it an offence to sell marijuana even if the
buyer has a medical licence to use it.

"I'm glad to hear the pot shops are on the radar," said Coun. Rick de
Jong. "Quite frankly, it's about time. Let's get on with this and get
moving."

Aside from being illegal, the pot shops are selling marijuana from
risky sources, Coun. Rusty Ensign said. Marijuana sold from such
shops, he said, could be "mouldy or covered with chemicals."

The existing pot shops, sometimes known as compassion clubs, in
downtown Westbank opened without a business licence, council heard.
Municipalities cannot require non-profit societies to get a business
licence.

That's a loophole council will have to address in the
future.

"It just doesn't seem right to allow that through a non-profit society
and completely ignore the rules," Findlater said.

Like other municipalities, West Kelowna is struggling to deal with a
proliferation of pot shops in advance of the drug's expected
legalization by the federal government.

Even if the drug becomes legal, the municipality would still have
several tools at its disposal to control and regulate the drug's sale,
council heard.

Key provisions of a new bylaw, which received unanimous preliminary
council approval, include:

- Allowing pot to be sold only directly from a licensed marijuana
grower, which must be located in an industrial zone, or by a pharmacy.

- Requiring new licensed producers of marijuana to have comprehensive
air-filtration and security systems.

- Requiring licensed marijuana producers to be located at least 150
metres from homes or parks. Findlater suggested the restriction be
broadened to also include daycares, churches and schools.

- Preventing a licensed marijuana producer from opening in an
industrial zone in a building that also includes other commercial
uses. Planner Nancy Henderson told council it wouldn't be a good fit,
for example, to have a building that included a restaurant, fitness
centre and pot grower.

Even as they moved toward adopting the new bylaw, forwarding it to an
as-yet-unscheduled public hearing, councillors acknowledged the
considerable uncertainty concerning the detail and scope of
marijuana's expected legalization.

Coun. Duane Ophus said the lack of clear signals from the federal
government on the issue was "really disconcerting" and bemoaned what
he said was Ottawa's lack of proper leadership.

"But our staff has come up with a reasonable way to deal with the
situation as we currently find it," Ophus said.

Findlater predicted that, whatever shape legalization takes,
subsequent legal challenges are almost an inevitability: "Of course,
it will all go to court and it'll be up in the air for another two
years."

Coun. Rosalind Neis declared a conflict and did not participate in the
discussion, saying she owned stock in companies that grow marijuana.
Coun. Bryden Winsby was away.