TOWN OF VIEW ROYAL COUNCIL REPORT: RECREATIONAL CANNABIS REGULATIONS ZONING BYLAW No. 900 AMENDMENT BYLAW No. 1034 PUBLIC HEARING

RECOMMENDATION

THAT Council receive the report from the Planner entitled “Recreational Cannabis Regulations Zoning Bylaw No. 900 Amendment Bylaw No. 1034 Public Hearing” dated January 14th, 2020 as an update to the report for the first and second reading of Bylaws No. 1034 and 1036.

CHIEF ADMINISTRATIVE OFFICER’S COMMENTS

I concur with the recommendation.

DIRECTOR OF DEVELOPMENT SERVICES’ COMMENTS

I concur with the recommendation.

PURPOSE OF REPORT

This report presents information for the Public Hearing for Bylaw No. 1034 as an update to the report to Council for first and second reading of Bylaws 1034 and 1036 dated November 14, 2019 and attached to this report. Bylaw 1036 was concerning Fees and Charges for Cannabis Retail Store Use. First and second readings of Bylaw 1036 were defeated in November 2019 such that they be considered at a later meeting of Council.

BACKGROUND

Currently the production, distribution, sale and home growing of recreational cannabis is prohibited by the Town of View Royal within Zoning Bylaw No. 900, 2014.

Council must amend the Zoning Bylaw to define cannabis and cannabis-related uses, as well as remove the prohibition on these uses, if the use is to be made legal in the Town in a way that satisfies Council.

Application to the Town was made for a cannabis retail store at Admirals Walk in May of 2019 and in the interest of customer service it would be beneficial to arrive at a decision on a regulatory framework.

ISSUES AND ANALYSIS

Definitions within the Zoning Bylaw

With Bylaw No. 1034, staff is proposing to add the following new definitions to Section 2.0 Definitions within the Zoning Bylaw. Adding these definitions makes them clear and unambiguous. The switch in language from ‘marijuana’ or ‘marihuana’ to ‘cannabis’ is for consistency with Provincial and Federal regulatory language.

“Cannabis” means the same meaning as the Cannabis Act (Canada) and includes any products containing cannabis.

“Cannabis Plant” means the same meaning as the Cannabis Act (Canada).

“Cannabis Retail Store” means the means the use of a building for selling of cannabis directly to the consumer, and includes the enclosed storage of limited quantities of such items sufficient only to service such a store, including a corporation or other form of business, who holds a valid and sustaining provincial license to sell cannabis through the retail market in British Columbia.

The definition of ‘Retail Store’ is proposed to be amended to now exclude ‘Cannabis Retail Store’ for clarity and separation of uses:

“Retail Store” means the use of a building for selling of goods, wares and other merchandise directly to the consumer, and includes the enclosed storage of limited quantities of such items sufficient only to service such a store, but must not include a Licensed Retail Store use or a Cannabis Retail Store use.

The definition of ‘Medical Marihuana Production Facility’ is proposed to be replaced by ‘Cannabis Production Facility’ to include both medical and recreational production facilities (as there is no meaningful land use difference between the two):

“Cannabis Production Facility” means the use of land, buildings and structures for the federally-licensed research and development, testing, production, administration, packaging and labeling, and distribution of cannabis and related substances, including temporary storage and destruction of cannabis plants, or any component thereof, in accordance with the conditions of use identified in the applicable zone.

Home Growing

Staff is proposing to remove the prohibition on home growing of cannabis plants from the Zoning Bylaw. Growing up to 4 plants for personal use is permitted by the Provincial and Federal governments. As a result, any enforcement action on a violation of growing 4 plants will be criminal in nature and handled by the RCMP.

Bylaw No. 1034 proposes to remove Section 3.3.2.k of the Zoning Bylaw, which currently reads:

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.

Removing Section 3.3.2.k will permit the growing of up to 4 plants for personal use within the Town of View Royal, in accordance with Provincial and Federal regulation. Note that the removal of 3.3.2.k also removes the prohibition on production, distribution and sale of cannabis, which is discussed below.

Cannabis Production Facility

Bylaw No. 1034 proposes to amend the use of ‘Medical marihuana production facility’ to ‘Cannabis production facility’ within the only zone that currently permits it: I-1: Light Industrial. Note that this use is not currently in place. The only property zoned as such in the Town is the Adams Storage Facility at 1 Adams Place (in dark purple, below).

Cannabis Distribution Uses

Bylaw No. 1034 removes the prohibition on distribution uses. The BC Liquor Distribution Branch is the sole wholesale distributor in the province of BC and would require a rezoning to locate a facility in the Town. Staff has chosen to not include a definition of such a use at this time.

Cannabis Retail Store Definitions

The amendments to the Zoning Bylaw in Bylaw No. 1034 as they pertain to the Cannabis Retail Store use are changes to the definitions only. A rezoning will be required for each store. It is critical for Council to understand that the Provincial cannabis retail store licensing process requires a Public Hearing for every new store. Council has complete control over the rezoning of every store in the Town.

Cannabis Retail Store Location Criteria

Council has adopted a guidelines approach to location criteria related to adjacent land uses, as each store must have its own Public Hearing before the Province will issue a license for retail sales of cannabis products.

Ideal Store Location Requirements

An ideal cannabis retail store application within the Town of View Royal meets these locational criteria:

• 300m from another retail cannabis store location
• 300m from a school
• 300m from a large daycare
• 150m from a park
• 50m from residential uses

Base Store Location Requirements

An application for cannabis retail store should meet these basic locational criteria unless outstanding circumstances are presented to Council:

• 300m from another retail cannabis store location
• 300m from a school

DISCUSSION

Staff’s advice throughout this process has been that recreational cannabis will be integrated into Canadian society quickly, and continuing a prohibitive stance is neither sustainable, nor recommended by public health professionals. Permitting recreational cannabis uses would be considered a proactive public health initiative.

The questions for Council remain:

1. Does Council wish to permit some of these uses? The most pressing issues are home growing and retail sales. Staff have recommended in previous reports that Council not prohibit home growing; it represents an unnecessary and overly burdensome enforcement issue and should really be handled by the RCMP. Equally, retail sales of cannabis will be a societal norm in short order. It is a legal use and staff sees no reason to continue to prohibit it. Permitting the use opens the door for a proactive public health and safety approach along with neighbouring municipalities and other levels of government.

2. Does Council wish to change the use of Medical Marijuana Facility to Cannabis Production Facility within the I-1: Light Industrial zone (at Adams Pl)? Staff does not believe there is any material difference between cannabis produced for medical consumption and for recreational consumption.

Staff is recommending that Council move to approve recreational cannabis retail definitions and uses and remove the prohibition on the production, distribution, retail sale and home growing of recreational cannabis by adopting Bylaw No. 1034.

BYLAWS TO COME AFTER BYLAW No. 1034

Fees and Charges for Cannabis Retail Store are to be brought forward for readings and adoption after Bylaw No. 1034 is given third reading.

ALTERNATE RECOMMENDATIONS

Cannabis Uses

Should Council not wish to remove the prohibition on the production, distribution, retail sale or home growing, Section 2 d) of Bylaw No. 1034 must be amended as such, to retain certain prohibitions within the Zoning Bylaw.

Cannabis Definitions

Should Council wish to retain the medical cannabis-only use at Adams Storage, Section 2 e) and f) of the bylaw must be removed.

RECOMMENDATION

THAT Council receive the report from the Planner entitled “Recreational Cannabis Regulations Public Hearing” dated January 14th, 2020 as an update to the report for the first and second reading of Bylaws No. 1034 and 1036.

ATTACHMENTS

1. Zoning Bylaw No. 900, 2014, Amendment Bylaw No. 1034, 2019
2. Cannabis Retail Store Buffer Guidelines
3. Recreational Cannabis Regulations Report to Council, dated November 14, 2019 from the Community Planner.