Rocky View County (RVC) council discussed changing the County’s Land Use Bylaw to include facilities proposed under the Marijuana for Medical Purposes Regulations (MMRP) at the council meeting on Nov. 26.
Councillor Lois Habberfield submitted the notice of motion to council on Nov. 5, which she said was prompted by residents in her division voicing concerns about how marijuana operations fit into the current land-use bylaw.
“At the moment there’s no specific definition for marijuana under horticulture operations. But there needs to be one that says growing tomatoes is different than growing marijuana and a definition that speaks specifically to the land-use districts,” said Habberfield.
Medical marijuana has been federally regulated since its introduction in 2011 under Health Canada’s Marijuana Medical Access Program (MMAP). Through the program, individuals can apply for permits to produce marijuana at home for medical uses.
The federal government is not obligated to inform municipalities of medical marijuana growers under the MMAP, which RVC Lawyer Joanne Klauer said was “posing some problems.”
“The federal government has full jurisdiction of those grow-ops, but they’re not exercising that jurisdiction to effectively enforce their rules,” she said, referring to concerns about marijuana being diverted to illegal markets and growers possibly being a target for home invasions.
According to Health Canada, the 500 authorized growers in 2011 has grown to more than 30,000 as of June this year. In order to protect public health, safety and security, new regulations - the MMRP - were announced on June 19 by Minister of Health Leona Aglukkaq.
The MMRP, which is running concurrently with the MMAP until March 31, 2014, will only allow licensed producers to grow medical marijuana.
“Licensed Production will be on a much more significant scale than production for personal purposes and it is the facilities associated with Licensed Production under the new regulations, which are of most interest from a municipal regulatory perspective,” stated a County report.
RVC resident Stan Swiatek of Sundial Growers said in an interview with Rocky View Weekly he submitted an application to Health Canada to attain a Licensed Production permit in July.
Swiatek and his business partners own a greenhouse on land west of Airdrie that was previously used to produce cucumbers. He said market conditions in 2010 no longer made it economically viable to continue the business and he has since shut down the business and looked into other avenues.
“The more research you do and the further you go into this application process, you understand there is medical benefits to marijuana that is undeniable, and that’s why I got into it.”
Swiatek said completing the application to receive a Licensed Producer permit has taken a team of four people more than two months to complete, and he continues to be in discussion with Health Canada to meet requirements.
“When you listen to all the concerns people have about these operations, you realize (the Federal Government) has done a bang-up job to address them,” adding that although the “process is very intense, it gives some assurance to people that the government isn’t handing out these licenses to everyone and anyone.”
RVC council heard from one speaker, Bonnie Anderson - who was speaking on behalf of 11 landowners surrounding Swiatek’s property - that there were “serious concerns with the safety, security, value, and use and enjoyment of (their) properties should this type of operation be permitted to or near (their) lands.”
Anderson asked council to involve the landowners in the process of developing the bylaw change.
In response to the concerns, Swiatek said he hopes to raise more awareness about the benefits of marijuana from a medical and economic perspective, and is “very open to discussing his plans with anyone – be it councillors, County staff and residents.”
“To get through the application process with the Federal Government, you really have to become an expert on the issue. I know all the facts, I know what it takes to run this kind of business,” he said.
“(Commercial marijuana production) is going to produce millions of dollars that will find its’ way back into the economy. That’s big.”
He added his concern is that municipalities, such as RVC, will create bylaws that will make it difficult for licensed grower operations to prosper. He said he also hopes to educate people about the business to help remove the stigma attached to medical marijuana.
RVC Senior Planner Matthew Wilson told council the County’s current definition for horticulture operations in the Land Use Bylaw is “broad” and doesn’t specifically include medical marijuana operations.
“Those that use the definition (of horticulture development or greenhouses) could interpret it in various possible ways, so we want to make sure marijuana is captured in that definition,” said Wilson.
Council unanimously agreed to discuss the full nature of what the amendment to the Land Use Bylaw might include in-camera with legal counsel because of the jurisdictional concerns between the County and the Federal government on an issue that is federally regulated, said Wilson.
He said the proposed amendment will come before council before March 31 and at that time, a public hearing will be held to receive resident’s input on the proposed changes.
