Municipal Implications of Impending Marijuana Legalization

Transcription

1 Municipal Implications of Impending Marijuana Legalization Presented by: Jillian Swainson Brownlee LLP Terry Booth Aurora Cannabis Inc.

2 AGENDA Topics: 1.The Law Today 2.Licensed Producers and Home Grow 3.Legalization 4.Preparing for Change

3 1. THE LAW TODAY How Did We Get Here? MMAR- (Marihuana Medical Access Regulations) Introduced July 2001 Allowed individuals who held a personal production license to grow their own medical cannabis Also allowed designated growers Issues relating to large grow operations

4 1. THE LAW TODAY How Did We Get Here? MMPR (Marihuana for Medical Purposes Regulations) Introduced July 2013, in force April 2014 Introduction of Licensed Producers Dried cannabis only No home grow

5 1. THE LAW TODAY How Did We Get Here? Case Law R. v. Smith June 2015 SCC restriction to dried form inconsistent with Charter Allard v. Canada - February 2016 Federal Court MMPR unconstitutional Reasonable access 6 months to fix it

6 1. THE LAW TODAY How Did We Get Here? ACMPR (Access to Cannabis for Medical Purposes Regulations) August 24, 2016 Home grow/ designated grow re-introduced Licensed Producers Accommodates multiple forms of cannabis

7 1. THE LAW TODAY Who Can Produce? Home Growers-individuals are able to produce a limited amount for their own use or designate someone to grow it for them. Licensed Producers- commercial operations that have gone through the rigorous licensing regime put in place by Health Canada and obtained permission to produce of cannabis for commercial supply.

8 How are they Regulated? 2. HOME GROW 1. Require valid medical document Specifies period of use and daily quantity (g) 2. Register as grower with Health Canada Can grow for self or up to 2 other people 3. Formula - max # of plants 4. Not required to alert municipality 5. If grown outdoors Restricted from growing adjacent to school, public playground, daycare or public place frequented by children

9 2. LICENSED PRODUCERS Who Are They? Licenses issued by Health Canada under the ACMPR. LP s may produce and sell dried marihuana, fresh marihuana or cannabis oil to eligible persons. Currently 35 LP s across Canada 1 LP in Alberta - Aurora Cannabis Enterprises Inc.

10 2. LICENSED PRODUCERS What Are They? Extensive Application Process Barrier to entry - $ investment Ongoing Regulation

11 2. LICENSED PRODUCERS Security Requirements 1. Security clearance - criminal record and enhanced process for link to criminal organization 2. 24/7 visual monitoring 3. Restricted access where cannabis present 4. Physical barriers 5. Storage vault

12 2. LICENSED PRODUCERS Reporting Requirements 1. Production 2. Sales 3. Testing 4. Destruction Every gram accounted for

13 2. LICENSED PRODUCERS Aurora World class facility 55,200 square feet Over 100 employees Expansion plans

14 2. LICENSED PRODUCERS What do they look like?

15 What do they look like?

16 3. LEGALIZATION What Will it Mean? Task Force Assembled - report by end of November - legislation proposed by spring 2017 Likely: Production standards for LP s likely to remain high Distribution: Provincially regulated? Pharmacies? Liquor Stores? Dispensaries?

17 4. PREPARING FOR CHANGE What steps can a Municipality take? 1. Zoning Legislation May be used to regulate the location of LP s/ dispensaries/ etc Land use must be clearly defined to reflect the use to be regulated Not retroactive Cannot pass bylaw prohibiting all cannabis development Cannot deny re-zoning application solely because cannabis development 2. Business Licensing Fee may be set in an amount that recovers any cost to the municipality for having a facility operating in its boundaries Cannot be used as a prohibition 3. Community Standards Legislation Sets out standards for matters such as noise, odours, unsightly property or other nuisances.

18 QUESTIONS? Jillian Swainson Brownlee LLP Presented by: Terry Booth Aurora Cannabis