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Council mulls pot shop rules

Dispensaries have caused some trouble for municipalities: planner
Ian Dawkins, left, Chad Jackett and Don Fauchon of the Cannabis Growers of Canada at municipal hall for council’s discussion of possible marijuana regulations. Dawkins said he was pleased with council’s approach.

Like Vancouver and Port Alberni, Squamish may soon have its own rules for marijuana dispensaries. 

Council mulled over potential regulations for dispensaries at the committee of the whole Tuesday.

The newly elected federal government has promised to legalize marijuana and provide a regulatory framework for its sale, but in the meantime there is a void that leaves municipalities like Squamish with illegal storefront dispensaries and no guidelines to follow. 

“In the absence of federal leadership, dispensaries have caused some trouble for municipalities,” said district planner John Chapman. 

Chapman recommended council consider regulations to manage the location and operation of dispensaries, expected to increase here due to the promised legalization and the newly implemented $30,000 business licence fee in Vancouver that may drive business owners up the corridor. 

“By establishing regulations now, we can avoid the proliferation of dispensaries in places where you don’t want them to be,” Chapman said.

Some communities, such as Duncan, have amended zoning and licensing to prohibit dispensaries, he said, but no one on council seemed to favour that option.

No regulations were set at the meeting. Instead, staff was encouraged to finesse its recommendations and come back to council.

 “This is a good discussion to have and as we transition to something new, it is good to be cautious,” said Councillor Jason Blackman-Wulff. “I think the main principle being that we want to encourage operators who are responsible and follow good protocols around their dispensaries.” 

One option staff proposed is council making changes to the zoning bylaw to allow dispensaries in retail zones, except on Cleveland Avenue. Restrictions would include being 300 metres from schools and other dispensaries and not allowing dual usage for dispensaries.

Another option proposed was to put in restrictions such as limiting the hours of operation to daytime and banning consumption on the premises and delivery services. 

Staff recommended a fee for business licences between $4,000 and $5,000.

The suggestion dispensaries prohibit minors from entering dispensaries was challenged by Councillor Susan Chapelle who preferred a provision minors are permitted when accompanying an adult, as is the case for liquor stores.

“I just worry about moms who have to leave their kids outside, which I wouldn’t want to do,” she said. 

Council also debated whether creating a cap on the total number of business licences issued for dispensaries was fair or if using zoning and buffer zones to restrict the number was more appropriate. 

The RCMP do not support municipalities regulating dispensaries, until federal law changes, Chapman said. Therefore business licensees would have to be aware they could still face police action for operating a marijuana dispensary.

Councillor Doug Race said though he generally agreed with the proposed regulations he was uncomfortable moving ahead with implementing them before the federal government formally legalizes the drug.

“I used to be a lawyer and I am troubled by the fact that this has not yet gone through the Parliament of Canada,” he said. “So I wouldn’t be happy with putting a series of regulations like this into place [yet]…. This is essentially trafficking and we have to keep that in mind.” 

The next step in the process of creating municipal regulations is for district staff to prepare zoning bylaw and business licence amendments and bring them back for council’s consideration in April.

After the meeting, advocates for marijuana dispensaries were pleased with what they heard. 

“I think Squamish city council, frankly, if I could clone them and put them across Canada, I would be thrilled,” said Ian Dawkins, executive director of Cannabis Growers of Canada. “This is legalization, it is a big deal, it is going to take some work, but at the end of the day if that is your approach, you are going to get to the right place.” 

Local dispensary owner and former councillor Bryan Raiser said he was also pleased with what he heard from council. 

“I know the challenges council is facing and the community is facing, and I am actually pretty proud of them making this decision, but they also know they have to,” he said, adding he believes other dispensaries will be setting up in Squamish, so he wishes the rules had already been instituted. “I don’t think this can come fast enough.” 

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