Pubdate: Sat, 25 Mar 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: A3

BID TO AVERT 'POT BLOCKS' SPARKS DEBATE

200-metre distance between shops may be unfair: councillors

Even as the first application makes its way through the system, an
increasing number of concerns are being raised about the fairness of
the Victoria's 200-metre minimum distance between cannabis
dispensaries.

The 200-metre policy is seen as a way to ultimately prevent "pot
blocks" or clusters of marijuana retailers in certain areas. The
city's 200-metre policy also specifies no cannabis retailers within
200 metres of a school.

But some councillors worry the policy is creating an uneven playing
field as the first rezoning applicants who make it through the system
are not only rewarded with a licence but also essentially eliminate
competition within 200 metres at the same time.

"As each one of these comes forward, I'm having increasing degrees of
concern about our first-past-the-post system in this case," said Coun.
Marianne Alto during a committee discussion of an application in the
900 block of Yates.

Coun. Geoff Young said he's unable to defend the 200-metre policy and
worries it could land the city in court.

"To some degree it was predictable that the 200-metre exclusion zone -
so to speak - policy was going to create some issues," Young said.

"I am not comfortable defending our issuance of a business licence to
one operator and refusing it to another on the grounds simply that one
operator's application was simpler or more complete and moved through
the process more quickly."

The uncertainty comes even as council has agreed to send a proposed
Trees marijuana dispensary at 546 Yates St. to public hearing. If
approved, it will be the first such cannabis retailer to be zoned and
licensed.

At the same time council first saw the Trees dispensary application,
it also received an application from Pure Releaf for a proposed shop
just doors away at 510-512 Yates.

Because the two shops would be within 200 metres of each other,
council agreed with a staff recommendation to defer the Pure Releaf
application while moving ahead with the one from Trees.

Mayor Lisa Helps said it's past time for the federal government, which
has jurisdiction over marijuana, to step in with its promised
regulations.

"What I hope is the federal government tells us what to do really
soon, because there's a lack of enthusiasm for this whole process
around our council table and it's taking up time."

The 200-metre distance is not set in stone and council has the
discretion to vary it, Jonathan Tinney, director, community planning,
has told councillors.

Tinney said ample advance notice was given to all applicants prior to
the adoption of the policy for them to know what was required before
submissions were accepted.

That being said, it is possible a retailer might submit an application
before another, but see the other move ahead because of circumstances
such as a slow response to unanswered questions.

"This is the fairest process we can undertake," he
said.

"We have certainly no preference for one application or another. It is
simply what we need to do in order to process the application in order
to move them forward."

Even with the 200-metre limit, the Downtown Victoria Business
Association estimates there's room for 20 to 30 cannabis retailers,
said Coun. Margaret Lucas.

As one of council's downtown liaisons, Lucas said her inbox has been
inundated with emails from merchants worried about the numbers of
potential marijuana retailers and potential problems with odours,
ventilation and loitering.

Tinney said the 200-metre policy was never intended to limit the
overall number of shops in the city but rather to prevent the "pot
blocks."

Helps said she would support any motion to increase to 200-metre
exclusion zone or to limit the number of retailers downtown.
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MAP posted-by: Matt