TOWN OF VIEW ROYAL PUBLIC HEARING REPORT

TO: Council DATE: April 25, 2018 FROM: J. Davison, MCIP RPP, Planner MEETING DATE: May 1, 2018

Recreational Cannabis Prohibition - Zoning Bylaw No. 900 2014, Amendment Bylaw No. 993, 2018

RECOMMENDATION

THAT the report from the Planner entitled “Recreational Cannabis Prohibition Zoning Bylaw No. 900 2014, Amendment Bylaw No. 993, 2018” 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 information about the proposed bylaw amendment to generally prohibit recreational marijuana production, distribution and sale within the Town of View Royal.

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 is the approach recommended by the Town’s solicitors, and the approach recommended to the Vancouver Island Local Government Management Association.

Note that this is proposed as an interim measure to give the Town time to consider the regulation of the production, distribution, sales and personal growing of recreational cannabis in a comprehensive manner, with a public consultation component once the provincial and federal legislation is in place.

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. The following bylaw change is 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. This applies only to recreational marijuana production, not medical marijuana production.

Other Municipalities’ Approaches

In late January staff inquired with other CRD municipalities regarding their proposed approaches to this issue. These are the municipalities that have responded:

Highlands They are considering a ban on recreational cannabis uses to give them more time to properly consider the issue, and bringing a report forward to Council in the next couple of months.

Metchosin They are considering a ban on recreational cannabis uses to give them more time to properly consider the issue. They are suggesting to Council a use of “provincially licensed cannabis retail outlet” within their zoning bylaw to clarify that use.

Langford They have, since 1997, prohibited “the sale and distribution of cannabis sativa in any form and related drug paraphernalia, other than in a licensed pharmacy”. They’re waiting to change their zoning until such time as the province clarifies their distribution model.

Colwood Colwood has a similar approach to Langford; a prohibition on “the use of any premises other than a licensed pharmacy and premises licensed under the Marihuana for Medical Purposes Regulations, for the distribution, sale or dispensing of marihuana in any form.”

North Saanich They are currently writing a report to Council recommending an initial prohibition of recreational cannabis uses within their zoning bylaw, and awaiting further detail in the provincial legislation.

Esquimalt Esquimalt is preparing an amendment to their zoning bylaw which would require site specific rezoning for the retail use of non-medical cannabis.

Generally speaking, other municipalities’ staff seem to be recommending similar approaches to the Town’s staff as an interim measure to ensure that consultation and engagement with the community is possible without a looming deadline.

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.

RECOMMENDATION

THAT the report from the Planner entitled “Recreational Cannabis Prohibition Zoning Bylaw No. 900 2014, Amendment Bylaw No. 993, 2018” be received for information.

SUBMITTED BY: J. Davison MCIP RPP, Planner

REVIEWED BY: L. Chase MCIP RPP, Director of Development Services