Update on the Legalization and Regulation of Cannabis January 8, 2018 Regular Meeting of Delta Council
Regulatory Authority for Cannabis Federal authority: Cultivation & Manufacturing Licensing, inspection, enforcement Provincial authority: Distribution & Retail sales Permitting, inspection, enforcement Local Government: Enforcement, policing, zoning, bylaws
Proposed Provincial Regulations
Delta s Response to BC Government Minimum age 19 years to buy and possess. Government-controlled wholesale distribution. Public retail system government operated stores and online sales. BC government has approved both public and private retail sales. Delta s new zoning bylaw will prohibit private retail sale of cannabis anywhere in Delta.
Delta s Response to BC Government No personal cultivation in private residences. No public consumption of cannabis. Prohibition of cultivation of cannabis on ALR. No edible cannabis that may appeal to children. Strict penalties for cannabis-impaired driving. Cannabis tax revenue sharing and funding for enforcement, police training.
Proposed Federal Regulations
Health Canada Proposed Regulations All cannabis operations to be licensed: Cultivation licenses Processing licenses Sale to the public licenses Analytical testing licenses Import/export licenses Research licenses
Health Canada Proposed Regulations Cultivation licenses: Standard cultivation Micro-cultivation Nurseries Industrial hemp Processing licenses: Standard processing Micro-processing
Health Canada Proposed Regulations Cultivation permitted indoors and outdoors but no licensed activity in residential dwellings. Notification to local governments, fire and police. No outside storage of cannabis. Security requirements fencing, surveillance. Good production practices. Records and reporting Cannabis Tracking System.
Delta s Response to Health Canada LICENSING: All cannabis licences should be subject to municipal zoning bylaws. Details of all licence applications and issued licences should be provided to host municipality. Municipality should be able to determine the number and location of cannabis-related businesses in a city.
Delta s Response to Health Canada LICENSING: Delta does not support reduced security requirements for micro-cultivators and microprocessors. Inspection and enforcement of licence requirements must not be downloaded to police or local governments.
Delta s Response to Health Canada SECURITY CLEARANCES: Delta supports security clearances for key personnel, including directors, officers, shareholders (>25%), property owners approved by Health Canada. Delta supports proposal to exclude individuals with associations with organized crime, drug trafficking, violent offences. Delta would like to see involvement of local police in approval process.
Delta s Response to Health Canada CANNABIS PRODUCTS: Delta supports the prohibition of edible cannabis products that could be appealing to children. PACKAGING & LABELLING: Labels should include health warnings, THC content, harm reduction messages and information on accessing support services. Cannabis products should comply with plain packaging regulations.
Delta s Response to Health Canada FUNDING - ensure adequate funding to monitor and enforce regulatory regime at all government levels. COMMUNICATION - develop comprehensive communications strategy so people are clear on what is permitted and can make informed choices. EDUCATION/DRUG AWARENESS develop preventative-based drug awareness campaigns aimed at youth describing harms of cannabis.
Delta s Response to Health Canada INFORMATION-SHARING relax Privacy legislation to allow information-sharing between federal, provincial and local government/police agencies so municipalities can implement and enforce bylaws relating to cannabis.
Next Steps Can expect rapid developments in federal and provincial regulations and policy in next few months. Staff will keep Council fully apprised. Staff currently reviewing municipal bylaws and policies and will bring forward amendments in next few months.