The legalization of cannabis takes effect this week, whether municipalities are ready or not.
The MD of Bonnyville is among the list of councils that have yet to set concrete regulations when it comes to recreational cannabis.
Regardless of whether their rules are in place, the drug will be legal across Canada as of Wednesday, Oct. 17.
“There’s a feeling that this has been downloaded from the federal government onto municipalities,” expressed Reeve Greg Sawchuk. “They came up with basic legalization, but I don’t think they understood the impact it would have on us who are dealing with the local issues.”
He continued, “I think we’re going to see movement on these bylaws in the years to come as we become more accustom to dealing with it.”
About the consumption
Until they have a better understanding of the role cannabis will play in the region, the MD is considering their options when it comes to consumption.
“The portion that’s still being worked on is in regards to how the usage of cannabis will be within the MD… You can come up with all sorts of rules, but do you have the ability to enforce it and are you going to enforce it?” Sawchuk noted. “What we’re looking at in terms of the direction from council, is that cannabis be treated the same as liquor. On the streets of Ardmore (for example), you can’t walk down with an open beer can, so you also can’t walk down the street smoking cannabis.”
However, none of those regulations come into play until they’ve created and passed a cannabis use bylaw. Until that happens, users will be able to consume cannabis in the MD based on the province’s regulations, which have been adapted by some municipalities including the City of Edmonton.
Based on the province’s ruling, consumption is allowed everywhere except playgrounds, sports fields, outdoor parks, theatres, skating rinks, off-leash areas, or within hospital or school property.
“I think that’s a safe route to go at this point in time, so that’s the way the MD will go on that one,” he detailed, adding when the topic is brought before council, hopefully at their next meeting, they will delve further into the issue.
“It’s new and we don’t know exactly what the comments from the majority of the public will be at this point in time. The supporters have been very vocal, but the other side, I don’t think we’ve heard from them as much,” emphasized Sawchuk.
The MD hasn’t made any final decisions, and is waiting on the federal and provincial government’s stance on cannabis usage in campgrounds.
“We’ve been watching to see what the federal and provincial government are going to be doing with their campgrounds, but they haven’t come out with anything,” added Sawchuk.
Can they enforce it?
When it comes to enforcement, the MD feels their current peace officer staff has it covered.
“We’re lucky we have a well-staffed peace officer contingent. If we have to respond to something, we have the ability to. That doesn’t mean there’s going to be a rash of fines handed out; we can’t say that at this time. We’re hoping people use cannabis the same way they use alcohol, in a respectable manner,” Sawchuk said.
Where can you set-up shop?
There are little to no areas that meet the province’s minimum requirements for recreational cannabis retail, which the MD has decided to enforce.
Sawchuk explained, “From looking at the measurements and stipulations that have been put down by the province, in terms of distance from schools and residences, it basically ruled out all of our hamlets except for maybe one location in Ardmore. Retail, as far as happening in the MD, is unlikely. We’re going to direct it more towards the towns and cities.”
According to the municipal land use bylaw, retail locations aren’t allowed on agricultural lands or country residential areas. Permits can be submitted for discretionary use, but only in hamlet general, rural industrial, and rural commercial areas.
“What discretionary use means, is anyone can make a retail application which then goes directly to the municipal planning commission. They’re the development approving authority on those,” explained the director of planning and development for the MD Caroline Palmer.
Keeping retail shops away from schools and residential zones was an important factor for council, which was why they decided to go with the province’s minimum 100-metre setback from these locations.
“The thought amongst council and administration is that this is all very new to all municipalities,” Sawchuk noted.
Cannabis production is an option in the MD
Another issue the MD has to consider, is production facilities.
In fact, according to Palmer, there has already been some interest about the opportunity.
“We’ve had inquiries on the production side... The province would like the municipalities to issue development permits first before they can apply for their license. I guess it gives them the information they need before they can move forward with their license, because if it can’t be allowed in the municipality, there’s really no point in going through the whole process.”
Sawchuk detailed where production facilities can apply to be located.
“According to our bylaw, the production facility within agriculture land, is considered a discretionary use. That means if someone wanted to put up a production facility they would have to apply for a development permit and it would have to come through our municipal planning commission. It’s up to the commission at that point to approve it or not, based on the application,” he explained. “It’s also allowed discretionary in the rural industrial and rural commercial districts.”
During the MD’s meeting on Wednesday, Oct. 10, they passed first reading of the bylaw regulating retail and production of cannabis, but still haven’t brought the issue of consumption to council.
Sawchuk is hoping the bylaw will be ready to be discussed by their next meeting, but in the meantime will rely on the province’s regulations for consumption.
“The land use bylaw will handle the establishments, but when it comes to the personal use and consumption of it, yeah, we’re still working on it,” he said. “We’re just hoping users will dictate where this goes and if there’s a blatant public display, that will help us influence the decisions of where we go with our policies on it.”
