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SLRD considers banning pot sales in rural areas

If legalized, weed retailers would have to apply for zoning amendments
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If pot legalization happens, the SLRD doesn’t want people randomly setting up marijuana stores wherever they want, so the authority is considering banning weed sales in rural zones surrounding its member municipalities.

This would force would-be cannabis sellers to apply to the SLRD for a rezoning amendment if they want to sell pot in Electoral Areas A, B, C, and D.

“The intent is that when the law changes, because we’ve got this prohibition in place, then people wanting to open a business would then need to come and ask and apply,” said Tony Rainbow, who represents Electoral Area D on the Squamish-Lillooet Regional District.

“Unless expressly permitted in this Bylaw, cannabis retail is prohibited in all zones, including zones which broadly permit retail sales/stores or use, farm retail sales/retail sales of farm products, convenience store, or accessory retail use/auxiliary retail sales,” reads the proposed amendment for Electoral Areas A, B, C, and D, which passed second reading on April 18.

It has yet to be adopted.

It’s a move the regional district believes will make for better local regulation, but a group representing cannabis advocates is concerned it would place a further burden on marijuana businesses that other businesses don’t have to face.

“I would like to see them regulating cannabis businesses like any other businesses,” said Dana Larsen, the head of cannabis activist group Sensible BC. “I don’t see the need to proactively ban things and then have to go in a roundabout way afterward to do it.”

Larsen said that he’s concerned the regional district may be “bending over backward to make it difficult” for a marijuana business to get set up in the area.

“I don’t like that — that seems kind of wrong and nonsensical to me,” he said.

On the other hand, the regional district says it doesn’t have the authority to issue business licences in rural electoral areas, so zoning and temporary use permits are the only means it has to regulate pot sales or any other business.

Rainbow said that the SLRD is just trying to have control over where cannabis dispensaries are placed in rural areas, similar to how a municipality like Squamish has rules stipulating where cannabis dispensaries can and can’t be located.

“It’s not saying that we’re going to prohibit [marijuana] retail outlets — what it’s saying is we’ve moved into line with what the current federal law is, and when the federal law changes, we’ll be in a position to have some control over where cannabis can be sold,” he said.

Also passed as part of the cannabis ban was a motion to waive a public hearing on the matter.

Generally speaking, public hearings are required after two readings on important zoning matters.

Rainbow emphasized this was because the bylaws are bringing SLRD regulations in line with existing federal government policy on marijuana, which is that recreational sale is prohibited.

The regional board instead voted to create a communication strategy for each Electoral Area for community input on cannabis retailing, should it become legal.

As of now, the SLRD says there are no cannabis dispensaries in any of its Electoral Areas.