COMMITTEE REPORT - Recreational Cannabis Legalization: Bylaw Amendments and Public Consultation Plan
Report outlining bylaw changes to prohibit recreational cannabis activities until a proper public consultation and regulatory framework are developed.
TOWN OF VIEW ROYAL COMMITTEE REPORT
TO: Committee of the Whole DATE: March 22, 2018 FROM: J. Davison, MCIP RPP, Planner MEETING DATE: April 10, 2018
Recreational Cannabis Legalization: Bylaw Amendments and Public Consultation Plan
RECOMMENDATION
THAT the report from the Planner entitled “Recreational Cannabis Legalization: Bylaw Amendments and Public Consultation Plan” be received for information.
CHIEF ADMINISTRATIVE OFFICER’S COMMENTS
I concur with the recommendation.
DIRECTOR OF DEVELOPMENT SERVICES’ COMMENTS
I concur with the recommendation.
DIRECTOR OF PROTECTIVE SERVICES’ COMMENTS
I concur with the recommendation.
PURPOSE OF REPORT
The purpose of this report is to present required bylaw amendments to generally prohibit recreational marijuana production, distribution and sale. This report will also outline the process and timeline for well-considered community engagement and development of policy and regulation to permit recreational marijuana uses as Council sees fit.
BACKGROUND
On February 13, 2018 staff presented Council at Committee of the Whole with two options for approaching the upcoming legalization of recreational marijuana in what is anticipated as late summer/fall of 2018:
- Produce a comprehensive set of policy and regulatory amendments to prepare for recreational cannabis legalization in advance of the July 1, 2018 deadline.
- Prohibit all recreational cannabis uses in the Town before July 1, 2018 with Zoning Bylaw text amendments, and associated enforcement regulation changes. This will give the Town more time to consider the regulation of the sales of recreational cannabis in a comprehensive and unhurried manner, with a proper public consultation component.
Based on the advice and recommendations from staff in the February 2018 report, Council chose option 2. This report addresses the path forward for the Town under option 2.
ISSUES AND ANALYSIS
Prohibition – Bylaw and Policy Changes
Currently, the Town is silent on recreational marijuana land uses given that they are illegal under the Criminal Code. Amendments to the Town’s existing bylaws will be required
- to continue to prohibit these land uses when recreational marijuana is legalized
- to provide a fine structure under the Municipal Ticketing Information (MTI) bylaw
The following bylaw changes are required to prohibit recreational marijuana production, distribution and sales:
Zoning Bylaw No. 900, 2014
3.3.2. The following uses and structures are prohibited in all areas within the municipality, except as noted: . . .k) The production or distribution or sale of recreational marijuana, including the growing of marijuana plants for personal recreational use.
At this point we are recommending a blanket prohibition as the full legislative package has not yet been released by the federal or provincial governments. we note that this applies only to recreational marijuana production, not medical marijuana production.
As previously discussed, there are other Town bylaws that will need to be reviewed in conjunction with the Town establishing a program to regulate this use. One of the critical bylaws to review will be the safe premises bylaw, and staff note particular concerns around the production of personal marijuana plants in multi-tenanted buildings as water moisture, fire hazard and odour are all of concern
The following bylaw changes are required to provide a fine structure for non-compliance, and will be developed with Bylaw and Protective Services input.
Municipal Ticketing Information Bylaw No. 643
Schedule 18 Zoning Bylaw No. 900, 2014
| OFFENCE | SECTION | FINE |
|---|---|---|
| Production or distribution or sale of recreational marijuana | 3.3.2.k | $1000 |
| Growing of marijuana plants for personal recreational use | 3.3.2.k | $500 |
Community Engagement Program
After the above bylaw amendments are made, a community engagement program around the permitted production, distribution and sale of recreational marijuana in View Royal can be undertaken. The timing of the program is dependent on both the federal and provincial governments establishing legal frameworks. Once these are in place and we understand the implications we will commence our engagement program.
Staff is proposing several mechanisms for outreach:
Stakeholder Open Houses Open Houses should address several different stakeholder groups, at different sessions:
- Residents, school representatives, community groups and other non-commercial interests
- Business community representatives, including potential marijuana producers/distributors/sellers
Targeted Referrals Referrals of consultation programs and proposed bylaw amendments will be made to adjacent municipalities, Songhees and Esquimalt bands, RCMP, BC Ambulance Service, Victoria General Hospital administration, Our Place Society, West Shore Parks and Recreation, School Districts No. 61 and 62, and other groups possibly affected by the production, distribution or sale of recreational marijuana.
Notices Regular updates will be posted on the Town’s website, notice board and social media outlets regarding proposals, process, committee/Council dates, Open House dates, and any other activity associated with these proposed land uses.
Surveys A survey could be posted to the website with questions relating to permitting these uses within the Town.
Written Feedback Staff will collect written feedback and present these within reports to COW and Council.
A Gantt chart showing approximate activities and timelines is attached to this report.
RECOMMENDATION
THAT the report from the Planner entitled “Recreational Cannabis Legalization: Bylaw Amendments and Public Consultation Plan” be received for information.
SUBMITTED BY: J. Davison MCIP RPP, Planner
REVIEWED BY: L. Chase MCIP RPP, Director of Development Services
ATTACHMENTS
- Proposed Cannabis Legalization Response Timeline - staff
Document Images
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