With the legalization of cannabis looming, municipalities across the Lakeland are putting their focus on how to regulate the drug.
The City of Cold Lake narrowed in on the issue during their corporate priorities meeting on Tuesday March 20, where they discussed retail and use of cannabis within the city.
Under the Cannabis Act, municipalities are mandated to update their bylaws to address the production, sale, and use of the drug. The Alberta Gaming and Liquor Commission (AGLC) will be in control of cannabis sales in the province, and will provide mandatory requirements for all businesses selling it.
The drug business
In order to meet the new requirements, the City of Cold Lake has reviewed their land-use bylaw, determined buffer zones, and discussed city control over retail outlets.
The latter was a suggestion by Coun. Bob Buckle, and if approved, would require all future cannabis retail outlets to come before council prior to setting up shop.
When it comes to buffer zones, council agreed schools, daycares, the beach district, Imperial Park, public service areas, and provincial and municipal health facilities needed at least a 100-metre setback. Some are required under the AGLC, while others were added by the city.
Other options were to include liquor stores and other cannabis outlets to that list.
“I don’t understand the logic of saying a cannabis store can’t be by a liquor store. Where did that come from and why is it there? Why would that be a criteria of any kind?” questioned Buckle.
For Buckle, the argument was “this town has liquor stores everywhere, but why can’t a cannabis retail store be near a liquor store?”
He clarified, if it were up to him solely, retail outlets would be banned from the city limits altogether, however, if they’re going to be permitted in the city, this restriction seems unnecessary.
Other councillors agreed with Buckle’s logic, and also expressed their concern over restricting cannabis outlets being side-by-side.
“We don’t have that in existence for any other commercial business. We don’t have buffer zones from one liquor store to another. We don’t limit who can be next door to whom,” Coun. Chris Vining said.
Council agreed to remove the clause that refrains cannabis retailers from opening their doors next to liquor stores, or other cannabis outlets.
Mobile cannabis vendors will not be permitted within the city under their discussed directive.
Because these regulations are so new to Canada, a trend hasn’t been set when it comes to buffer zones or other bylaws in municipalities. The 100-metre setback is the minimum requirement under the AGLC, however council could increase that number. Before making a decision, the city would like to see what a 100-metre buffer zone would look like, and agreed to bring it up at a future meeting.
City playing the role of control
Council discussed their options when it comes to city control over cannabis retail outlets. The table was split down the middle, with three voting in-favour of the option and three sticking to their guns when it comes to regulating cannabis retailers. Coun. Duane Lay was absent from the meeting.
“It gives council and the community a chance to know where it’s going, what it’s going to look like, and what kind of requirements or conditions we’re going to allow it to operate on,” Buckle expressed. “I’m not trying to be draconian in this, it might be easier to control and approve under some circumstances, than trying to make everything fit into a puzzle that doesn’t fit.”
Using adult entertainment as an example, he highlighted the benefits of the option, but not all councillors were sold on the idea.
If council were to go with this option, they could always “relax the provisions later,” noted Buckle.
“If you say ‘let’s put it under direct control until we can see what is needed in the community and put the conditions that we want on it,’ if five, three, or even two years down the road it’s no longer needed, then fine,” he added.
“There is interest for Cold Lake, and I’m going to suggest that there are different views in terms of how fast we want to be there and encourage it,” said CAO Kevin Nagoya.
Before they get too excited, Coun. Kirk Soroka wants to watch federal legislation play out, specifically in terms of policing and other impacts these changes could have.
“The issue isn’t use, but it’s people growing it, the affects to residences, and how that is all going to be taken care of,” he said, adding he isn’t a fan of how the federal government is “driving it down our throats when we’re not ready.”
Coun. Jurgen Grau referenced information he came across that indicates people are already purchasing and smoking the drug, regardless of where it’s coming from.
“It’s not like we’re doing something that is overly new to the community in a sense where it’s already being consumed,” he continued. “As far as the RCMP and testing, that’s a problem in general already… I don’t think that’s going to change much if we have a hard look at this.”
Using the drug within city limits
The responsibility of regulating cannabis use has been divided between federal, provincial, and municipal governments.
Across Canada, there has been a standard set on possession of limits, criminal offences, advertising, impaired driving, using medical marijuana, production, age limits, home cultivation, and regulatory compliance.
Strictly for Albertans, the government has determined the overall distribution and wholesaling, retail model, retail locations and rules, regulatory compliance, and overall public consumption.
Now, it’s up to the City of Cold Lake and other municipalities to fine-tune some of those regulations. This includes local retail locations and rules, land use and zoning, and public consumption.
For Cold Lake, it was easy to agree that consuming cannabis needs to be restricted.
In order to give council the best options, city staff put together three marijuana regulation possibilities.
All three prohibited the use in public buildings, patios, public transportation, in the workplace, a five-metre buffer from municipal outdoor recreation areas, doorways, windows, air intakes and patios, as well as a five-metre setback from playgrounds, schools, sports fields, parks, zoos, outdoor theatres, pools or splash pads.
The first option is the least restrictive, permitting cannabis use in licensed premises such as a cannabis retail store, and in vehicles, while the second still allows the consumption in these areas, but has higher restrictions on where it is prohibited.
For example, it includes a 100-metre setback from any parcel of land designated a school, municipal school, beach district, Imperial Park, hospital, schools, and liquor stores.
It also allows the city to designate non-consumption areas with temporary or permanent signage.
The most restrictive approach treats the drug similar to alcohol, where it is prohibited in all public places or any place other than a residence or temporary residence.
“My thing is, make it pretty simple. If it’s a rule for alcohol, then it’s a rule for pot,” Vining said. “It’s simple, you consume it at a private residence or licensed establishment. Right now, you’re not allowed to have a licensed establishment for it… I just don’t see how we can have an event where you would have bylaw officers grabbing someone who is walking down the street with a six pack and making them dump it, but his buddy can stand next to him watching him do it, smoking a joint.”
In order to enforce these regulations, the city will be amending four municipal bylaws: the Smoking Bylaw, Community Standards Bylaw, Noise and Public Nuisance Bylaw, and Activities and Behaviour in Parks and Public Facilities.
Council agreed the best way to get the information out and to the public, as well as gather feedback, would be through an open house. The date and time has not been set.
