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Medical Marihuana

Proposed Provisions

Public Information Meeting for Roberts Creek (Area D) and Elphinstone (Area E) Electoral Areas only:

Date: February 24, 2015
Time: 7:00 pm
Location: Roberts Creek Hall, 1309 Roberts Creek Road, Roberts Creek

The meeting will be to discuss:

1) Proposed Official Community Plan Amendment Bylaws 600.4 (Elphinstone) and 641.3 (Roberts Creek) regarding establishing form and character development permit areas for marihuana production facilities with the objective of reducing visual impact of the buildings; and

2) Proposed Zoning Amendment Bylaws 310.156 (Roberts Creek) and 310.159 (Elphinstone) regarding allowing marihuana production facility as a permitted use in some zones on parcels greater than 1 hectare (about 2.5 acres) with floor area limits.

Recent Staff Reports and copies of the draft bylaws can be viewed here:

OCP Amendment Bylaw 600.4 (Elphinstone)

OCP Amendment Bylaw 641.3 (Roberts Creek)

Bylaw No. 310.156 (Roberts Creek)

Bylaw No. 310.159 (Elphinstone)

October 16, 2014 Report to Planning and Development Committee

November 10, 2014 Report to Roberts Creek and Elphinstone Advisory Planning Commissions (APCs)

December 18, 2014 Report to Planning and Development Committee

Maps can be viewed here:

Roberts Creek

Elphinstone

Please note that maps highlight privately owned properties; however the bylaws will also apply to Crown/Provincial land. Seperate maps highlighting Crown/Provincial land will be provided at the information meeting and posted on this page when available.

Comments can be sent to Senior Planner, David Rafael at 604-885-6804 extension 4.

Current provisions

Bylaw No. 310.153, 2014

Electoral Areas B, D, E and F rezoning application to allow marihuana production facility as a permitted use on Rural Two and Rural Three zoned properties that are equal to or exceeding 8 hectares. The setback to property is 60 metres for all marihuana production facility buildings. Adopted March 27, 2014.

Bylaw No. 310.154, 2014

Site specific rezoning application to permit marihuana production facility on a single property in the Twin Creeks (Area F) area. Adopted March 27, 2014.

BYLAW NO. 310.157, 2014

Hillside (Area F) area specific rezoning application allow marihuana production facility as a permitted use in properties that are zoned Industrial Seven and a specific Industrial One property. Adopted October 2, 2014.

Bylaw No. 337.108, 2014

Electoral Area A rezoning application to allow marihuana production facility as a permitted use on Rural Two and Rural Three zoned properties that are equal to or exceeding 8 hectares. The setback to property is 60 metres for all marihuana production facility buildings. Adopted March 27, 2014.

No additional bylaw amendments are proposed for Egmont/Pender Harbour (Area A), Halfmoon Bay (Area B) or West Howe Sound (Area F).

Health Canada Regulations

Between June 19, 2013, and April 1, 2014, both Health Canada’s Marihuana Medical Access Regulations (MMAR) and the new Marihuana for Medical Purposes Regulations (MMPR) are in force. As of March 31, 2014, the MMAR was scheduled to be repealed, and those holding licences to grow under MMAR were required to destroy all plants and dried marihuana by April 1, 2014. However, in light of a challenge from holders of MMAR licenses, a court decision placed an injunction on Health Canada’s requirement until the court hears the case and reaches a judgment. It is likely that this will take place in March 2015. The federal government announced that it will appeal the court injunction; SCRD staff have no information about the timeline it will take for the court to reach a decision.

To date 15 companies across Canada have licences under the MMPR to produce and sell medical marihuana (5 in BC with none on the Coast), and 8 have cultivation only licences (1 in BC and not on the Coast). The SCRD does not have any information about licences issued under the previous regulation (MMAR) as this information relates to personal health and thus is confidential.

Additional information about the Health Canada regulations can be found here.