With legal recreational use of cannabis coming into effect on Wednesday, October 17, existing medicinal cannabis dispensaries in BC were advised by the province’s solicitor general Mike Farnworth to close shop if they want a retail licence. Farnworth was speaking to reporters at the BC legislature on Monday, October 15.
At least one of those medicinal stores will not be closing. Grassroots Botanicals Society in Powell River is making an application to be a licensed outlet and it plans to stay open in the interim.
“We are going to apply to become a legal dispensary, but we feel we have a responsibility to our clients who we've been serving for the last three and a half years,” said society director Dan Clarke. “Up until such time as our application is officially accepted and we have to stop serving our clients or up until such time as a legal shop opens in town, we are going to try and continue serving our clients, but we are really unsure of what the enforcement environment will be.”
According to Powell River RCMP staff sergeant Rod Wiebe, current dispensaries that were operating illegally will continue to be illegal until such time as they can obtain a licence from the province, if in fact they qualify.
Wiebe said the only thing new for police is that cannabis is now legal.
“While the legal recreational use of cannabis may be new, the enforcement of laws around the illegal production, distribution and consumption of cannabis, as well as drug-impaired driving, is not new to the police,” he added. “We already have in place specially trained officers to detect drug-impaired drivers and any grow operation not licensed by the province is still illegal and will be investigated as such.”
Wiebe said the biggest challenge will be how educated the public is in relation to the new rules as there are still circumstances where consuming cannabis or possessing excess amounts is illegal.
“It will be a learning curve for everyone,” said Wiebe.
Farnworth said many jurisdictions have put off putting regulations in place for cannabis sales until after the municipal elections on Saturday, October 20.
“Local governments are the ones that get to decide what they want,” said Farnworth.
City of Powell River is not waiting and will be ready for legalization once council approves bylaw updates at its regular meeting on Thursday, October 18, according to senior planner Daniella Fergusson.
“When adopted, the city can start receiving retail cannabis licence applications from the province,” said Fergusson. “We've had enquiries and interest from about 11 different organizations but I don't know whether all are going to go through with a plan to the province.”
Before Powell River can consider applications, Fergusson said the city needs to have land use that allows recreational cannabis retail stores.
“When we have that zoning in place the province refers its provincial licence application to us,” said Fergusson.
The new zoning bylaw will allow cannabis outlets along the Marine Avenue business corridor, some sections in the Grief Point area of Westview, the town centre, Townsite, Wildwood, and Cranberry.
“On Marine Avenue, cannabis stores have to be 150 metres separate from each other and then everywhere in the city cannabis retail stores need to be 300 metres away from schools, playgrounds or our community recreation centre,” said Fergusson.
As a prospective cannabis retail store, Grassroots Botanicals would be in the Marine Avenue area.
Under bylaws pending approval by city council, if land use allows for the location to be a sales outlet, the province refers the application to the city and a $2,000 fee is charged to do a review and public consultation.
“That feedback goes back to the province and they continue to do the provincial licence application process,” said Fergusson.
Fergusson said the planning department did a back-of-the-envelope calculation and determined that Powell River can fit about 20 retail outlets under the zoning.
