The commercial production and sale of marijuana is still illegal in the District of Highlands, unless given approval from the municipality.
During Monday night’s council meeting, mayor and councillors voted to adopt a bylaw that would automatically prohibit cannabis production, sales and medical cannabis production, unless a rezoning application is submitted and approved.
“This was the prudent thing to do. This gives us more time and flexibility to engage with the community. There are differences in opinion there and it’s quite a deep subject,” Mayor Ken Williams said.
“What it does is gives control to the District of Highlands. This gives residents assurance and protection that there will be further discussion on these types of items.”
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Prior to the council meeting at the school house on Millstream Road, the District held a public hearing where some residents spoke both in favour and against the proposed regulations.
Long-time Highlands resident Neville Grigg, who has experience with hemp, said the bylaw was not put together well as the definition of cannabis does not distinguish between marijuana and hemp.
While both contain the psychoactive component tetrahydrocannabinol or THC, hemp has lower concentrations of THC, which decreases or eliminates its psychoactive effects.
“Hemp is a pretty amazing plant and has been unreasonably convicted without a fair trial due to the fact that its sister plant is marijuana,” he said, adding hemp farming is on the rise in Canada.
“Don’t let hemp become collateral damage and please don’t let your fear of federal cannabis legislation overwhelm your compassion or cloud your common sense regarding marijuana … this cannabis bylaw is a preemptive strike.”
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One couple spoke in favour of the bylaws. They have been living across the street from a medicinal marijuana grow-op for the past five years, and the smell from the facility has affected their lives. They can’t open the windows in the summer because the smell is so strong, it wakes them up in the middle of the night and can no longer hang laundry on their clothesline to dry.
“The smell goes from our house, blocks away and all the way down the mailbox. It is the worst thing. It smells like skunk and sometimes it can go on for weeks,” said the resident. “I would hate for anyone to have to live like this because it’s very, very bad.”
The bylaw is an interim measure as municipalities across the country wait for the upcoming legalization of marijuana.
The District’s concern is that a marijuana-related business could set up shop before provincial legislation is enacted, and would be considered “non-conforming,” and therefore would be allowed to continue without District approval, similar to the medical marijuana grow-op that residents referenced.
“The Province of B.C. has proposed legislation, but it’s not adopted. Until municipalities know exactly what direction the province is going to give us, the general advice is to take a more restrictive approach, initially to protect the municipality from any non-conforming uses,” City planner Laura Beckett said.
“This won’t restrict individuals from having their four plants per household or their 30 grams.”