The City of Cold Lake has passed their cannabis use bylaw, but are open to change as legalization of the drug approaches.
Council has agreed to take a more restrictive approach to cannabis use in the city, treating the drug similar to alcohol, meaning users can only consume the product in a private residence or a specified area.
Council approves designated cannabis areas at special events
While passing the bylaw’s first reading at a previous council meeting, the city questioned cannabis consumption at events such as concerts and rodeos, among others.
Taking this into consideration, the bylaw was amended to include the option for bona fide community events to apply for a special permit.
“The Alberta Gaming and Liquor Commission isn’t getting involved in permits. You’re not allowed to sell any marijuana, however you could consume it there. That has been included in the bylaw, and if council considers to do that and have the city provide permits for use at these special events, we would have to develop some parameters around it,” described Linda Mortenson, general manager of corporate services for Cold Lake.
During their regular council meeting on Tuesday, Aug. 28, CAO Kevin Nagoya explained the importance of including bona fide in the description of a community event.
“I think the biggest challenge administration had while having this conversation was defining what a bona fide special community event is,” he detailed. “You can start arguing what a community event actually is. The reason we added bona fide was making it a question of legitimacy. We don’t want a block party saying they’re hosting a community event. Something has to be bona fide in that aspect.”
Although council has decided to include this provision in the bylaw, there are still some details that need to be ironed out.
In order for a permit to be issued, there must be a designated smoking or vaping area, separated and fenced off from the event.
“It has to be separate from any other areas, and you can’t sell it there. That way, people who don’t want to be in that area, just don’t go in that area, and it can be controlled a little more,” Mortenson noted.
Alcohol and tobacco aren’t allowed to be consumed in the specified cannabis “lounge.”
“Council wanted it very restrictive, in a respect that it’s treated more like alcohol than it is smoking. Therefore, when we started to create this provision, we leaned towards that separate license place, not treating it like smoking,” he added.
Coun. Bob Buckle questioned the need for a separate area.
He said, “I’m just having a tough time figuring out how you’re going to differentiate smoking areas for tobacco and cannabis.”
Buckle described it as impractical, referencing the potential for enforcement issues.
However, Coun. Chris Vining agreed there needs to be a separated space for cannabis users.
“I think because we have gone restrictive, and that’s what we wanted was to go in a direction where we treat it like alcohol… At the same time, we do put in place consumption areas at events for adults to go and consume alcohol, so I think there is a place within that where we can say this is a legal activity for adults to participate in, so therefore it’s something we will have to look at,” said Vining.
The sale of cannabis won’t be permitted in the smoking area, and advertising or promoting cannabis can’t be visible to anyone under the legal consumption age.
Mortenson reminded council that although these are items they’re including in the bylaw, things could change.
“When consumables come into place, legislation might change what that looks like, because that might look completely different than smoking.”
Mayor Craig Copeland said “We can always bring these back as it becomes legal and we can play around with these things.”
Now, the city will review other requirements such as setbacks for designated consumption areas.
Other regulations under the bylaw
Cold Lake has taken a restrictive approach to cannabis use within city limits, meaning the drug can only be consumed on private property.
Vehicles, cannabis retail outlets, indoor public places, and outdoor spaces are restricted areas.
What other bylaws are impacted
The city also discussed amendments to their smoking, nuisance, and parks and public facilities bylaws.
Amendments made to the smoking bylaw address second-hand smoke and odours, restricting the use of the drug to private property, while changes to the noise and nuisance bylaw address cannabis-caused disturbances and behaviours.
For Coun. Jurgen Grau, smell was going to be the city’s biggest issue, and he wanted to ensure it was covered in one of the bylaws.
The issue with odour, he said, is unlike noise, it can’t be measured, and what’s determined a nuisance is purely based on personal beliefs.
“The only thing you can buy legally is going to be smokeable. It’s a bit of a concern, but already... what is excessive smell? For some people it will be one person standing on their back step,” Vining said. “Noise can be measured. What’s unacceptable to some can be acceptable to others.”
Mortenson stated it could be better addressed in the community standards bylaw, which will be brought forward to council for consideration at a future meeting.
