Delta's attempt to regulate where medical marijuana is grown has been quashed by the provincial government.
Civic politicians approved legislation in February that would prohibit the production, storage, research or sale of medical marijuana in Delta, although applications would be considered on a case-bycase basis. Delta council has subsequently approved two such applications.
The move was made to steer medical marijuana operations to industrial sites and away from farmland. Delta even joined with three other municipalities - Langley Township, Abbotsford and Kelowna - to seek the province's support in banning medical marijuana operations in agricultural areas.
The municipality, however,
recently received notice from Agriculture Minister Norm Letnick that he would not approve the bylaw.
Earlier this year, the Agricultural Land Commission stated that it considers the production of
medical marijuana as being consistent with the definition of farm use under the ALC Act.
Letnick said the Ministry of Agriculture supports the ALC's position and that the ministry's position is that medical marijuana production in the ALR should
not be prohibited by local governments.
A subsequent email from Letnick and Coralee Oakes, minister of community, sport and cultural development, states that while medical marijuana is considered
an allowable farm use, those facilities are not eligible for farm classification for property assessment and tax purposes, which means they would be taxed at a higher rate than other agricultural businesses.
The positions from the province and ALC mean that as long as all requirements of Delta's zoning bylaws are met, the municipality cannot deny an application.
"This is a little bit shocking," said Coun. Ian Paton,
adding that as long as a proponent meets all local, provincial and federal regulations they could build a "large brick block Fort Knox on farm property and begin a medical marijuana operation without us having
a say in it."
Paton noted there is a medical marijuana facility on farmland on Vancouver Island, just past the Swartz Bay ferry terminal.
"It's quite a hideous sight, really."
New federal
rules that took effect this spring change how medical marijuana is grown and distributed in this country. The regulations are aimed at allowing larger-scale operations over smaller, homebased ones.
Big dollars are at stake for those entrepreneurs fortunate enough to get federal and municipal approvals. According to Health Canada, the number of licensed medical marijuana consumers will rise to more than 300,000 in the next decade, a 10-fold increase from today.
Mayor Lois Jackson earlier this year said the large number of home-based medical marijuana growops have caused many problems, so the move toward larger, more controlled and supervised facilities is a good one. However, they are not an appropriate use on farmland, she said.
Delta has this year already approved two medical marijuana facilities in industrial areas - an 11,400-square-foot operation on Vantage Way in Tilbury and a 25,000-square-foot operation on Foster's Way on Annacis Island.
