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Posted: September 20, 2018

Cannabis sale and use draft bylaws presented

With cannabis legalization one month away, City of Cranbrook council Sept. 17 took a step toward regulating how it is used and sold in the city.

Council received for information draft bylaws prepared in anticipation of the legalization of recreational cannabis and cannabis retail, prepared by Rob Veg from the city’s Office of Innovation and Collaboration.

“In consideration of the Provincial Act and regulations, examples from other jurisdictions, and of our own city context, staff have drafted regulations that will both facilitate the establishment of cannabis retail stores in the city while trying to take into account potential incompatibility issues,” Veg reported to council.

Council received Zoning Amendment Bylaw No. 3939, 2018; Clean Air Bylaw No. 3940, 2018; Development Procedures and Delegation Amendment Bylaw No. 3941, 2018; and Municipal Ticketing Information Systems Amendment Bylaw No. 3942, 2018.

Among the proposed regulations for the establishment of a legal cannabis retail store are:

  • Cannabis retail locations shall be located a minimum distance of 100 metres from a group day care, playground, school or park.
  • In the C-1 Zone Cannabis retail locations must have a minimum separation distance of 30 metres from another Cannabis retail location.
  • In the C-2 Zone Cannabis retail locations must have a minimum separation distance of 50 metres from another Cannabis retail location or from a liquor retail outlet or vape retailers.
  • Only one Cannabis retail business shall be located per parcel.

The new bylaws under consideration Oct. 1 by council is an addition of cannabis retail as permissible use in the C-1, Community Commercial Zone and C-2, Highway Commercial Zone.

City staff has also prepared a new Clean Air Bylaw that would prohibit smoking (new definition includes vaping and cannabis consumption) in the following locations:

(a) inside a public building – including within seven metres of an entranceway to a Public Building;

(b) in a park – including within a seven metre buffer zone surrounding the park;

(c) in a public municipal open space – including within a six metre buffer zone surrounding the public municipal open space;

(d) in a city cemetery – including a seven metre buffer zone surrounding the cemetery;

(e) in a transit shelter or a bus stop – including a seven metre buffer zone surrounding the transit shelter or bus stop;

(f) inside a motor vehicle or equipment owned or leased by the city;

(g) during an outdoor special event, unless exempted as per Section 3.2(b);

(h) Cannabis in any public municipal right-of-way.

In addition the bylaw provides for exemptions from the regulations and includes provisions for enforcement and penalties.

“The proposed bylaw is based on a template provided by Interior Health. Per provincial legislation, prior to repeal of an existing bylaw and/or establishing a new bylaw which deals with public health, a local government is required to consult with the medical health officer and deposit the bylaw with the Minister of Health. As part of the bylaw development, staff has been consulting with Interior Health Tobacco Enforcement Officer to ensure the bylaw meets ministry requirements for approval. It was confirmed by the Interior Health Officer that the city’s existing bylaw is out of date as a result of the Provincial Tobacco Vapor Product Control Act,” the city report explained.

Council unanimously approved the draft regulations.

“In reading through this, it seems quite reasonable,” said Coun. Norma Blissett.

Coun. Ron Popoff suggested the city hold an open house “to enlighten the community” about what is happening.

“There are a lot of unanswered questions. We have to show the initiative and start somewhere,” said Mayor Lee Pratt.

City staff will prepare each bylaw for consideration of readings at the next regular meeting of Council on October 1, and adoption at a subsequent meeting.

Read more about the draft bylaws


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