Pubdate: Fri, 17 Feb 2017
Source: Victoria Times-Colonist (CN BC)
Copyright: 2017 Times Colonist
Contact:  http://www.timescolonist.com/
Details: http://www.mapinc.org/media/481
Author: Bill Cleverley
Page: A5

FIRST POT-SHOP REZONINGS HEADED TO PUBLIC HEARING

Victoria councillor criticizes first come, first served approach

The first of dozens of cannabis dispensary rezoning applications in
Victoria is headed to public hearing, but consideration of another
will wait.

City councillors decided Thursday to forward an application for Trees,
at 546 Yates St., to public hearing, while deferring consideration of
a second application from Pure Releaf, for its proposed dispensary at
510-512 Yates St. - less than half a block from the Trees outlet.

Approval of both outlets would be in violation of the city's cannabis
dispensary rezoning policy, which mandates that storefront cannabis
retailers must be at least 200 metres from each other.

By processing the Trees application first, the city is essentially
following a "first in the door" process. The Trees application was
received on Oct. 20 and that of Pure Releaf on Dec. 7.

Coun. Geoff Young said he disagrees with the 200-metre provision and
the first come, first served processing.

He said there are several reasons for not wanting to approve the
cannabis retailers: the fact marijuana is illegal, the potential
negative effects on young users and possible contamination by pesticides.

"But we're not using any of those reasons for not approving the second
of these," Young said. "The reason we're giving is we can't approve
510 Yates because otherwise the business of 546 [Yates] may not be as
lucrative because they'll be facing competition. Certainly, that will
be the perception."

Young said the policy could find the city in court.

"Eventually we're going to have to go in front of a judge and say we
think 546 Yates is a good use because it came in first and we think
510 is a bad use because it came in second," he said. "I'm not
prepared to do that."

Coun. Pam Madoff said the policy is defensible and that proximity is
essentially the only tool the city has to limit the number of cannabis
retailers.

"I remember with the private liquor stores the main issue was not
wanting one on every corner. It's interesting with the cannabis
dispensaries, we are actually beginning to see that as well. … It's
appropriate to focus on proximity."

While Coun. Ben Isitt called the 200-metre rule sound policy, he said
he hopes the market will limit the number of retailers.

"I think there's probably a natural limit to how many operations this
community can bear," he said.

In the absence of promised federal regulations on marijuana, the city
"can't do nothing," Mayor Lisa Helps said.

"We can send VicPD. They'll reopen. Send VicPD. They'll reopen. By
setting up this regulatory regime, we actually have two tools: our
land-use bylaw and our business licence bylaw," she said.

There are 35 dispensaries operating in Victoria. Of those, 16 have
applied for rezoning and 29 have applied for a business licence.

Under the process now in place, a business licence will not be issued
until a rezoning has been approved.

Meanwhile, marijuana retailers are expected to come into compliance
with business licensing requirements, which prohibit cannabis
consumption on the premises, restrict opening hours to between 7 a.m.
and 8 p.m. and do not allow anyone younger than 19 to be in the stores.

The city gave dispensaries a 60-day grace period to come into
compliance with bylaws before beginning enforcement at the end of November.

So far, 12 tickets have been issued for a total of $7,750, including
four no licence, seven for onsite consumption and one for being open
outside permitted hours.
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MAP posted-by: Matt