Last updated October 16, 2018
As Canada enters a new age of legalized recreational cannabis it is important to know the responsibilities of the various levels of government. The federal, provincial and territorial governments share responsibility for overseeing the proposed new system. Municipalities also have an important role to play.
Federal Responsibilities
The federal Cannabis Act received Royal Assent on June 21, 2018, setting the stage for the production, distribution, sale, possession, and consumption of non-medical cannabis, beginning October 17, 2018.
The Federal Government will be responsible for licensing and monitoring cannabis producers and for setting industry-wide rules and standards for the cultivation, processing, packaging and advertising of non-medical cannabis.
Provincial Responsibilities
Provinces and territories control the distribution and retail sales of non-medical cannabis within their jurisdictions. The BC Provincial Government has appointed the Liquor Distribution Branch (LDB) to be the exclusive wholesale distributor of non-medical cannabis, while retail sales will be offered to the public through a combination of government and private owned stores, as well as online through the government site.
For more information, visit the Provincial cannabis retail sales webpage.
Municipal Responsibilities
Municipal governments can regulate retail, cultivation, processing and research locations through their zoning authority, and some aspects of retail operations through their business licensing authority. Municipal governments may also support the federal and provincial governments with public education. Enforcement of cannabis sales rules and regulations is largely through the provincial government, except for the land use and licensing aspects that are regulated by municipal government.
The City of Vernon is proposing to amend Zoning Bylaw #5000 to permit cannabis sales in the following commercial zoning districts: C3 to C12 - Commercial, RTC - Resort Commercial, CD1 and CD5 – Comprehensive Development District.
In addition, the proposed amendments would permit cannabis cultivation facilities (medical, non-medical, micro-cultivation, hemp and nurseries) in the A1 – Agriculture within the ALR (a minimum of 50 m from any property where residential is the principal use) and I1 – Light Industrial districts (in enclosed buildings only), pursuant to licensing by the federal government.
Also, the proposed amendments would permit cannabis processing, micro-processing, analytical testing and research in the I1 – Light Industrial and I4 – Business Park zoning districts.
These proposed zoning changes will be brought before City Council in the coming weeks. A public hearing will be held to gather public input on the proposed zoning changes.
Recreational versus Medical Cannabis
As recreational cannabis use becomes legal in Canada on October 17, 2018, it is important to keep in mind that medical cannabis is officially available with a physician’s prescription by mail order and is regulated by the federal government. You cannot buy prescription cannabis at a retail location.
Resources:
Government of Canada Cannabis Act
Province of BC Cannabis Control and Licensing Act
City of Vernon Parks and Public Places Bylaw #5057
Federation of Canadian Municipalities’ Guide to Cannabis Legalization.