RDCK - Cannabis Regulations

At present, cannabis is a controlled substance under the Federal Controlled Drugs and Substances Act and the Access to Cannabis for Medical Purposes Regulation (ACMPR) which allows authorized individuals to grow their own cannabis for medical purposes or obtain it from a licensed commercial or designated producer. The ACMPR replaced the former Marihuana for Medical Purposes Regulations (MMPR) in 2016.

The proposed Cannabis Act is anticipated to be in place by August 2018 and is intended to set the parameters for the operation of a legal cannabis industry in Canada. It is proposed that the Federal Government (Health Canada) will continue to be responsible for licensing the cultivation and processing of cannabis and that the Province will be able to use their legislative authority with regard to the distribution and retail sale of cannabis. The Province of British Columbia has indicated that retail sale and distribution will be through both public and private retailers through the Liquor Control Branch (LCB).

At this time, proposed changes will only address dried cannabis, fresh cannabis, cannabis oil, seeds and plants. Edibles or concentrates, such as resin or hashish will be addressed at a later date, anticipated to be one year following implementation of the Cannabis Act or July 2019.

Currently within the Regional District of Central Kootenay, Production Licenses (LPs) were enabled under the former Marihuana for Medical Purposes Regulations (MMPR) on lands zoned Agriculture or Industrial in 2014, in parallel with the Provincial governments decision that cannabis production was considered a ‘Farm Use’ by the Ministry of Agriculture and was deemed a land use that could not be ‘prohibited’ on lands designated for such purposes. The Ministry of Agriculture produced a Ministry Bylaw Standard in 2015 which established the limits to which local governments can restrict the production of medical marijuana in the Agricultural Land Reserve and provided local governments with suggested bylaw provisions.

The RDCK has NO AUTHORITY and is not provided notification of Registration Licensing for Personal Cultivation for Medical Purposes. Licensing of such facilities remains the sole jurisdiction of the federal government and Health Canada. The focus of this survey is on the aspects of the Cannabis Act and Access to Cannabis for Medical Purposes Regulation (ACMPR) related to commercial production and retail of medical and recreational cannabis.

CANNABIS SURVEY

The RDCK is soliciting feedback from the public and stakeholders on those matters that local government can address: such as appropriate land use regulations for Cannabis Retail, Nurseries, Cultivation and Processing, as well as Community Notification Guidelines for Cannabis Retail.

Please let us know what you think by responding to the following:

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* 1. Please identify which Electoral Area or Municipality you reside in?

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* 2. Cannabis Retail facilities are proposed as a permitted use in Neighborhood Commercial, Townsite Commercial and General Commercial zones of the RDCK. Essentially they will be permitted wherever Liquor Sales or Rural Agency Stores are permitted. Do you agree that this is the appropriate location for cannabis Retail?

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* 3. Should they be additionally permitted in Tourist Commercial zones?

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* 4. Cannabis Retail facilities are required by the Province to obtain RDCK Board approval prior to consideration by the BC Liquor Control Branch (LCB). This requires the Local Government to provide notification and solicit feedback from communities. What would be the appropriate form of notification for you?

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* 5. Licensing for Cannabis Cultivation, Processing and Nurseries do not currently require notification to adjacent property owners but does require notification to local governments, law enforcement and fire departments. Do you support that such facilities should also require community notification?

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* 6. What is the appropriate distance of a Cannabis Retail facility from land uses such as schools, day cares, sport fields, parks and other cannabis and liquor related businesses?

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* 7. A Cannabis Nursery license is defined as the authorized growing of cannabis plants to produce the starting material (seed and seedlings) and associated activities. What type of Land Use zones would be appropriate for the purposes of Cannabis Nurseries?

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* 8. What is the appropriate distance of a Cannabis Nursery from adjacent properties?

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* 9. Should Cannabis Nurseries by required to provide landscaping and screening similar to that of industrial developments?

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* 10. Cannabis Standard Cultivation Licenses are defined as the authorized large scale growing of cannabis plants and harvesting material from those plants, as well as associated activities; such as processing and packaging. No retail sales are permitted in conjunction with production licenses. What type of Land Use zones would be appropriate for the purposes of Standard Cultivation Licenses? (please note that the province has determined that cannabis production is a 'farm use' and can not be prohibited from lands within the Agricultural Land Reserve).

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* 11. What is the appropriate distance of a Cannabis Standard Cultivation facility from adjacent properties?

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* 12. Should Cannabis Standard Cultivation facilities be required to provide screening and landscaping similar to that of industrial developments?

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* 13. Cannabis Micro-Cultivation licenses are defined similarly to Standard Cultivation licenses but are restricted to 200 square metres of site area for production purposes. What type of Land Use zones would be appropriate for the purposes of Cannabis Micro-Cultivation Licenses?

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* 14. What is the appropriate distance of a Cannabis Micro-Cultivation facility from adjacent properties?

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* 15. Should Cannabis Micro-Cultivation facilities be required to provide landscaping and screening similar to that of industrial developments?

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* 16. Cannabis Processing facilities are defined as the authorized  small or large scale manufacturing, packaging and labelling of cannabis products destined for sale to customers and intra-industry sales of those products, including to provincially authorized distributors. What type of Land Use zones would be appropriate for Cannabis Processing facilities?

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* 17. What is the appropriate distance of a Cannabis Processing facility from adjacent properties?

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* 18. Should Cannabis Processing facilities be required to provide landscaping and screening similar to that of industrial developments?

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* 19. Should there be a distinction for Cannabis Processing facilities that have a Standard License or a Micro-License?

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* 20. Should Cannabis facilities for the purposes of Cultivation and/or Processing be required to obtain a Development Permit for the form and character of such developments?

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* 21. Cannabis Edibles including foods, beverages and other types of value added cannabis product is anticipated to be enabled in 2019. How do you feel that Cannabis Edibles should be addressed in land use regulations?

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* 22. Are there any other comments you would like the RDCK to consider with regard to land use and the impacts or opportunities presented under the Cannabis Act?

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