Smoke it, bake it, or vape it – regardless of how you may or may not consider consuming legalized marijuana come July 2018 – chances are there will be opportunities in the Bow Valley for residents and visitors to get high.
The path toward legalization has been hazy for the Bow Valley so far, with the opening of an illegal dispensary by B.C.-based company Canna Clinic in Banff at the end of 2016 and its subsequent raid by RCMP, and one local group forming to advance the conversation on compassionate care and medical marijuana.
One thing for the towns of Canmore and Banff to consider, however, especially during a municipal election cycle, is how the sale and distribution of legalized weed will occur from a land use planning perspective.
The municipal level of government has a role to play in legalization, whether it is education, taxation, or location of retail sales and public consumption, as well as land use-zoning rules.
Alaric Fish, manager of planning for Canmore, said this week marijuana legalization would form part of upcoming land use bylaw updates expected after the election.
The case of Canna Clinic in Banff last year showed development planners that even when they explain the rules and what use has been approved, that doesn’t mean it will be respected.
Randall McKay, director of planning and development for the Town of Banff, said Canna Clinic was approved for a business licence for retail sales as a smoke and accessory shop.
“They asked us about the extent of what they could do and we were very clear, at least in our opinion, of what could and could not be done in that location,” McKay said. “In no way shape of form did we ever authorize the sale or distribution of cannabis, or cannabis infused products.”
The location at the corner of Bear and Wolf streets was previously used for retail sales, so a change of use was not required. But the retail sale of cannabis is still strictly prohibited and medicinal access highly regulated.
The raid of the clinic led to the arrest and criminal charges against nine individuals for possession and trafficking. The group has made seven appearances in Canmore Provincial Court as lawyers negotiate early resolution options.
For Banff, how the future sales and distribution of marijuana could occur can’t be decided until the province announces its framework for legalization.
When Prime Minister Justin Trudeau’s Liberals came to office, the commitment to the election platform of legalizing cannabis was set in motion. But how legal marijuana would be distributed was left up to each province to determine and on Wednesday (Oct. 4) Minister of Justice and Solicitor General Kathleen Ganley unveiled Alberta’s regulations.
Ganley presented the next phase of the process her government is undertaking to determine how cannabis is sold and distributed. She focused on priorities of keeping it out of the hands of children, protecting public health, promoting safety on roads, workplaces and public spaces and limiting the illegal market.
“What we heard from Albertans helped guide development of the draft cannabis framework we are proposing,” she said. “The input we received from Albertans included divergent views and was extremely valuable.
“I want to emphasize this is a draft for consideration and further input is needed from Albertans.”
In Alberta, the age for purchase and consumption would be 18, as proposed, and the Alberta Gaming and Liquor Commission would oversee compliance and distribution with non-medical cannabis as the only wholesale source for the product. Possession limits are proposed at the same level as the federal legislation – 30 grams per person for possession in public, four plants per household and zero tolerance for youth possession.
In Alberta, household cannabis would only be allowed to be grown indoors and public use would be restricted to protect children and limit second-hand smoke exposure.
The announcement did not determine if retail stores for cannabis would be provincially owned and operated or a function of the private sector, or how edibles, lounges or cafes would be regulated, until more information from the federal government is available. It is still too early for details on online sales or how legalized marijuana would be taxed.
Stores would not be allowed to co-locate with alcohol, tobacco or pharmaceutical sales and standard provincial zoning buffers and hours of operation would apply.
Municipalities are expected to have further power to restrict the sale of cannabis based on local needs.
Canadian Compassionate Cannabis Club founder and Bow Valley resident Marc LeBlanc has been trying to move the conversation on medicinal marijuana forward locally.
“I really think the most important thing, the most important topic I need to touch base on, is we really have to end the prohibitive mentality, and we need to be more open minded and compassionate to end negative stigmas,” LeBlanc said. “I come at it from a medicinal standpoint, as a patient. That is my priority; that we are making sure we keep in mind that patients need to be prioritized.”
Part of the misconception out there around cannabis, he said, is that it is only smoked to achieve the desired medicinal benefit. In fact, he said, there are many other ways to consume marijuana to address medical issues, like pain management.
“It is a versatile plant,” he said. “People seem to forget it is a plant.”
LeBlanc appeared in front of Banff council recently, and at a candidate forum in Canmore asked the two candidates for mayor their position how municipal decisions by elected officials could create space for those who consume cannabis as medicine.
“I want to know … what are you going to do to make sure it is locally based and operates compassionately?” he asked.
Ed Russell said he has visited the Aurora facility near Leduc and had conversations on the harm of smoking marijuana.
“Alternative delivery methods are something we really have to address once this is legal, but it is coming and we have to open the doors and having a small town industry is probably where we need to be,” he said.
Mayor John Borrowman said the municipality has been in discussions with several groups proposing to sell cannabis in Canmore, and there are expectations they meet with the RCMP and understand they must comply with the current legislation.
“We have already, through the planning department, approved the permit for a (medical) centre,” he said, adding no distribution of marijuana has been approved.
The Outlook confirmed an Alberta-based company called 420 Clinic has received a development permit to open a medical clinic – which is an approved use in the location at Canmore Crossing.
According to its website, 420 Clinic was founded by Jeff Mooij in 2015 and provides patient services for those wishing to navigate the medical marijuana system.
The Outlook reached out to Mooij for an interview, but was not able to reach him before its press deadline.
According to Town administration, the expectation is that no retail sales or distribution of marijuana would occur and that has been made clear. What can be expected, however, is a different level of demand for legalized marijuana in tourism-based communities, if the experience of Colorado ski towns is any indication.
The private sector is keen to get into marijuana sales, and Banff resident Sacha Hockenhull has seen that first hand.
Hockenhull and his business partner started Hempfest in Calgary last year; a trade show focused on the cannabis industry. He said with medicinal marijuana, there is already a large market in Canada.
“The medical sales are growing extremely fast in Canada, it is already a great market and only getting bigger,” he said, adding legalization would be good news for product quality and limiting the black market. “I definitely think legalization of it is a very good thing.”
The industry is ready, he said, with jobs available and the business sector interested in what opportunities are available.
With the announcement this week by the province on its framework, however, there are still unanswered questions and the minister asked for more feedback from the public through another online survey. She said municipal partners would also be further engaged as to how the next phase of the framework would reflect its jurisdictional needs as well as costs and revenue projections of establishing legalized cannabis in the province.
“These are decisions I think all Albertans need to engage with,” Ganley said.
