Correspondence: Corporation of Delta Re: Federal Licensing Relating to Medical Marihuana

Letter to Mr. George Da Pont

September 9, 2014

Mr. George Da Pont Deputy Minister of Health Canada Brooke Claxton Building, Tunney's Pasture Postal Locator 0906C Ottawa, Ontario K1A 0K9

Dear Mr. Da Pont,

Re: Federal Licensing and Enforcement Relating to Medical Marihuana

I am writing to you on behalf of The Corporation of Delta, British Columbia, regarding Federal licensing and enforcement relating to medical marihuana. We understand that the Marihuana for Medical Purposes Regulations (MMPR) came into effect on April 1, 2014 allowing for centralized commercial production of medical marihuana. We are also aware that some licenses issued under the old Marihuana Medical Access Regulations (MMAR) may have been extended beyond March 31, 2014 on an interim basis subject to certain criteria being met.

The Corporation of Delta has received a considerable number of enquiries from prospective medical marihuana producers, including some claiming to already be operating under Federal licenses, and we are also aware of several active applications to Health Canada for new licenses for properties in our Municipality. Nonetheless, Delta has had difficulty obtaining information from Health Canada regarding current licenses and new applications located within our jurisdiction. We find it frustrating that we are obtaining important information from proponents rather than from Health Canada regarding Federal licensing criteria, active licenses, and the status of applications in our Municipality.

I am therefore writing to you directly in hopes that you can provide responses to the following questions and information requests:

• We request to be provided with the total number and the addresses of active Federal licenses to grow/produce medical marihuana in Delta, under either the old or new regulations, including the volume of medical marihuana that may be grown or possessed. We have previously requested this information for our Municipality but it has not been made available to us.
• We request clarification regarding the status of the MMAR given the recent court decisions as well as the addresses of license holders who have met the criteria to have their licenses extended past March 31, 2014. How is Health Canada keeping track of licenses that have been extended? How is Health Canada enforcing expired licenses and in particular ensuring that medical marihuana is no longer being grown in residential areas?
• We request a list of properties in Delta and the names of companies that have made formal applications to Health Canada under the MMPR, including the volume of medical marihuana proposed to be produced and the status of each application.
• How many licenses does Health Canada anticipate issuing under the MMPR? Is there a limit on the total number of licenses that will be issued?
• Is there a maximum volume of production that each facility may produce?
• Is there a total volume of medical marihuana that is anticipated to be needed to meet current and projected demand?
• How does Health Canada intend to enforce the production volumes, security provisions and other criteria for licensed facilities under the new MMPR?
• How many inspections will be done annually for a licensed facility? Can the Delta Police Department, Delta Fire Department or the general public gain access to inspection results?
• What avenues does The Corporation of Delta have to object to a proposal within our Municipality? For example, Delta Council has stated its position that medical marihuana production facilities should not be located on agricultural land and yet we have received two Notices of Intent identifying agricultural properties within our Municipality.
• Is Health Canada working with any other agencies or organizations (e.g., Agriculture Canada, the Provincial Ministry of Agriculture) to address the impacts of medical marihuana production facilities and limit its impacts on traditional soil-based agriculture?

Without answers to the above questions we are unable to continue to accept and process applications for municipal permits and licenses for medical marihuana businesses in Delta.

The Corporation of Delta understands that medical marihuana is a medicine that plays an important role in the health care of many Canadians. Further, as a local government, we can certainly appreciate the challenges of developing, implementing and enforcing new regulations around a relatively new industry. The legislation, regulations and licensing procedures pertaining to medical marihuana are particularly complex, made more so by court decisions in 2014 which affected the transition from the old to the new regulations.

I sincerely appreciate your time in responding to our questions. Should you require additional information regarding this request, please do not hesitate to contact my office at 604-946-3212.

Yours truly,

George V. Harvie Chief Administrative Officer

cc:

• The Honourable Kerry-Lynne D. Findlay, PC, QC, MP Delta-Richmond East
• Jinny Sims, MP, Newton-North Delta
• The Honourable Christy Clark, Premier of British Columbia
• The Honourable Terry Lake, Minister of Health, Province of BC
• Scott Hamilton, Member of the Legislative Assembly, Delta-North
• Vicki Huntington, Member of the Legislative Assembly, Delta-South
• All British Columbia Municipalities
• Mayor Lois E. Jackson
• Delta Council
• George V. Harvie, Chief Administrative Officer
• Jeff Day, P.Eng., Director of Community Planning and Development