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CANNABIS: SCRD LAND USE REGULATIONS

At the June 21, 2018 Infrastructure Services Committee meeting, staff presented the SCRD Board with information regarding Cannabis: SCRD Land Use Regulations. A copy of the presentation can be found here.

More information will be added to this page as the SCRD approach to Land Use Regulations for Cannabis are developed.

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 As of March 31, 2014, the MMAR was scheduled to be repealed, and those holding licences to grow under MMAR were required to destroy all plants and dried marihuana by April 1, 2014.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.

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.