Medical marijuana production facilities could be cropping up in certain Spallumcheen zones.
The township continues to contemplate changing a bylaw that would permit medical marijuana operations in its light industrial, general industrial and agricultural zones.
Council has now passed the first two readings of a zoning text amendment bylaw to allow the change, so the issue must now go to the public.
A public hearing will be held Monday, April 7, at 7 p.m., in council chambers.
“The way local governments handle this issue vary greatly,” said township planner Greg Routley. “Some jurisdictions prohibit medical marijuana facilities outright. Some have them only in lands that are in the (Agricultural Land Reserve) ALR. Others stipulate only in industrial zones.”
Council gave first reading in November to a zoning text amendment bylaw that would permit the facilities in the three zones, but agreed to send to internal departments and various agencies for review and comment.
The proposed bylaw was sent to the ministry of transportation, Interior Health, the regional fire protection officer, Health Canada, RCMP, township staff and the Armstrong Spallumcheen Fire Department.
All have sent back comments.
“The comments we received from the various agencies were generally supportive of the bylaw,” said Routley. “There were some concerns expressed with regards to the township’s ability to implement and ensure these operations comply with Health Canada regulations and township bylaws.”
Routley recommended the township review its bylaws to ensure it has the power to give authorized personnel the right to inspect premises and take enforcement action in accordance with local bylaws.
The Agricultural Land Commission (ALC) has said if a landowner is lawfully sanctioned to produce marijuana for medical purposes, the farming of the plant in the ALR is allowed, and would be interpreted by the ALC as being consistent with the definition of farm use under the ALC Act.
Council voted 4-1 in favour of giving second reading. Only Coun. Christine Fraser was opposed.
She called for the bylaw to allow production facilities only in agricultural industrial zones.
“The whole reason to put the facilities in industrial land is to tax them as an industrial business,” said Fraser. “B.C. Assessment (Authority) says we can’t do that, it’s a farm practice and would be assessed as a farm. We could end up with a facility on a piece of industrial land but not get industrial taxes from that land.”
Coun. Ed Hanoski was absent from the meeting.
Should council pass third reading of the proposed bylaw change, it would require approval from the ministry of transportation and infrastructure.
It must also be endorsed by the minister responsible for the right to farm act.
