Table 1: Legal Framework for Cannabis in Canada Legal Framework Section 56 Exemptions under Controlled Drugs and Substances Act (1999) Marihauna Medical Access Regulations (MMAR) 2001 Marihuana for Medical Purposes Regulation (MMPR) 2013 Access to Cannabis for Medical Purposes Regulations (ACMPR) 2016 Production and Distribution Model Medical Access to Marihuana first established on a case by case basis using exemptions Enabled individuals with the authorization from health care practitioner to access dried marijuana for medical purposes by producing their own marijuana plants, designating someone to produce for them or purchasing directly from Health Canada Enabled the creation of a commercial industry responsible for the production and distribution of marijuana for medical purposes (specific to dried marijuana product) 2015 amendments allowed for licensed production of other cannabis products licensed producers were required to establish secure indoor facilities and sales directed at registered medical users through secure mailing of product no store front retail enabled Federal response to the Allard v. Canada (2016) decision which determined that requiring individuals to access marijuana from licensed producers violated liberal and security rights to reasonable access under the Canadian Charter of Rights and Freedoms Framework for licensed producers (LPs) similar to the None Local Government Role No notification or approvals were required from local governments and production often occurred in residential dwellings or accessory buildings causing public health and safety concerns Licensed producers were required to notify local governments (RCMP and fire departments) of their intention to apply. Local governments in BC were enabled to regulate through zoning and through the issuance of building permits to ensure public safety and security measures were met Licensed production facilities were restricted to secured indoor facilities with no residential accommodation permitted on site Local governments continue to be notified and licensed producers will still be required to meet applicable local government land use regulations (as above) Health Canada will continue to accept and process applications to become a licensed producer under the ACMPR and applications that were
above and includes transitional provisions which will allow continuation and expansion of licensed activities under the former MMPR. As of August 2016, Health Canada also accepted applications from individuals who wish to register to produce a limited amount of cannabis for their own medical purposes or to designate someone to produce for them. The registration certificate will include information required for legal authorities, such as law enforcement to determine the registered location and maximum limits of production and storage. Designated producers will also be required to obtain a registration certificate and will only be enabled to produce for a maximum of two individuals Production can occur both indoors and outdoors (in limited quantity and under specific circumstances of location) submitted under the former MMPR and all licenses granted under the MMPR will continue Individuals that have obtained a registration certificate from Health Canada as of August 2016 are not required to provide notification to local government and are not subject to the same local government regulatory tools as licensed producers (LPs) Local governments may want to consider obtaining a copy of the registration certificate as part of the building permitting process for any structures in which such production has been indicated as the intended purpose. Possession limits is the lesser of a 30 day supply or 150 grams of dried product. For every 1 gram of dried product authorized will result in the production of five (5) plants indoors or two (2) plants outdoors or a maximum of 750 plants indoors and 300 plants outdoors or partially in both
Table 2: Cannabis Act: Anticipated Changes for Local Government Consideration Provisions Role of Local Government Local Government Considerations Standard Cultivation growing of cannabis plants and harvesting materials Micro Cultivation Would authorize small scale growing of cannabis plants and harvesting materials Industrial Hemp Would authorize the growing of industrial hemp plants (less than 0.3% THC) Nursery Would authorize the growing of cannabis plants to produce starting material (seeds and seedlings) Notice to Local Governments Not Required The proposed regulations for cultivation licenses are anticipated to include both indoor and outdoor cultivation in secured locations. Licensed activities will not be permitted in dwellings. Where cultivation is authorized indoors, it is expected that the regulations will require reasonable measures to prevent the escape of odours and pollen. Under the current system LPs can not be authorized on lands in which there is residential occupancy. It is unknown at this time whether this restriction will remain in place and whether micro-cultivation will be permitted as an accessory use to residential or other land uses. Further detail on production licensing is expected to be released by the federal government in April 2018 Local Governments may want to consider which types of land use designations are appropriate for each class of cultivation license and if a setback or height restriction may be appropriate to mitigate potential impact to adjacent property owners. To date, many local governments have restricted production and cultivation to agricultural and industrial zoned areas. Other anticipated impacts that Local Governments should consider will be impacts to available water supply, energy, waste management, security and
Standard Processing manufacturing, packaging and labelling of cannabis products and distribution Micro Processing manufacturing, packaging and labelling of cannabis products and distribution Sale for Medical Purposes Would authorize the sale of cannabis products to registered clients for medical purposes Sale for Non-Medical Purposes Would authorize the sale of cannabis to adults in Provinces or Territories that have not enacted a framework for distribution and sale unless no cannabis is stored on site visual impacts. It is anticipated that Standard Cultivation sites may have significant site area requirements that may result in a net loss of arable land in agricultural areas over time. Greenhouse production has a significantly lower energy and water needs and has been implemented successfully in Ontario and Quebec It is anticipated that the processing and storage of cannabis products will be within secured indoor facilities. It is likely that many of these licenses will be in conjunction with cultivation licensing. There will be no restriction in the ability of a single person or organization to be authorized to conduct a multitude of activities on one site. The sale of cannabis for medical purposes will continue to be from licensed processing facilities directly to registered clients as established under the current system (over the phone, online or via written order with secure delivery by mail or courier). There is no anticipated change that would impact Local Government responsibilities. The sale of cannabis products for non-medical purposes will be through public and private retailers through the LCBO. This will include dedicated store fronts and direct to consumer mail order. Retail or farm gate sales will not be permitted in conjunction with licensed production facilities.
Analytical Testing/Research Would authorize third parties to test or conduct research on cannabis for purposes of meeting regulatory requirements Cannabis edibles and other cannabis value added products Notice to Local Governments Not Required Currently not under consideration by the federal government There are many dispensaries already in place throughout BC, including in member municipalities and rural electoral areas of the RDCK. Some have been issued Temporary Use Permits (TUPs) until such a time as a retail framework is established. Existing retailers will need to obtain licensing from the LCBO and will be subject to local land use regulations and business licensing. A Private Retail Licensing Guide is currently available from the province for those wishing to pursue licensing. Local Governments will need to consider the location of such store front establishments as they relate to schools, public spaces and other locations that may put youth at risk. It is expected that analytical testing and research will be conducted in under existing licenses. It is anticipated that guidelines for cannabis edibles and other cannabis value added products will be addressed at a later date. Local governments may consider this activity similarly to small scale food production and enable as an accessory use to agriculture or as a commercial or industrial use for large scale facilities. Note: It is proposed that all licenses issued under the Cannabis Act will be valid for a period no longer than five (5) years