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.