Battle over future of legal marijuana in B.C. just starting

Big pot decisions face province as Ottawa presses ahead (with video)

Marijuana growing in operations of commercially licensed producer CanniMed.

Marijuana growing in operations of commercially licensed producer CanniMed.

A federal task force’s road map to legalize recreational marijuana sales would leave the problem of exactly how pot dealing should be regulated to the B.C. government.

The 80 recommendations released Tuesday urge separate retail storefronts to sell pot, rather than allowing sales through existing liquor stores or outlets that sell tobacco, but what form retailing should take would be left to the provinces, presumably in consultation with municipalities.

It leaves retail pot sellers who have defied the criminal law to open medical marijuana “dispensaries” well positioned, especially in cities like Vancouver that have already regulated them.

“I very much expect those dispensaries to continue to transition into the fully legal system as this goes forward,” said dispensary owner Dana Larsen. “The question is where we get our supply from. I’m not opposed to buying cannabis from licensed producers if our current suppliers can become licensed.”

RELATED: Sell marijuana in storefronts and through the mail: federal task force

It’s yet to be seen how the Trudeau government will translate the recommendations into federal legislation to meet the election campaign promise to legalize pot.

The B.C. government has given little sign so far of where it leans on exercising provincial jurisdiction over legal pot.

Public Safety Minister Mike Morris said government officials have been studying the issue and said the province’s top priority will be public health and safety, including the protection of children and curbing drug-impaired driving.

“It’s early in the process,” Morris said. “Whatever tax regime we bring in we have to make sure that it’s not going to promote the illicit distribution of cannabis across British Columbia or Canada.”

He said existing dispensary operators will have to conform to whatever final regulations are set by the province. “I can see many of them shutting down.”

NDP MLA Mike Farnworth accused the B.C. Liberal government of failing to consult the public sooner.

He said outstanding questions include whether the province would share any pot revenue it gets with municipalities.

“There are key questions around what the kinds of products are that can be sold,” Farnworth said. “In Washington State you can only sell dry edibles, but in Oregon you can sell a much broader range –  ice cream, for example.”

Would the province allow municipalities that don’t want legal marijuana outlets at all to refuse them?

“I think that will be a debate,” said B.C. lawyer and pot reform advocate Kirk Tousaw. “Municipalities are going to react to these things in different ways. This is a step and there are battles to come. And that is probably one of them.”

Tousaw said the proposed framework is generally “a win” for all involved, particularly established dispensaries and licensed producers.

But he took issue with some proposed regulations.

Home growers would be allowed to grow up to four plants up to 100 cm tall themselves for personal use. Tousaw called that limit arbitrary with no logic behind it.

“You can grow one plant two feet tall with hundreds of branches under a giant net that never reaches 100 centimetres tall but produces more cannabis than 50 plants,” he said.

And a proposed 30-gram limit for personal possession is at odds with the fact there is no such limit for alcohol, Tousaw added.

“You can back a pickup truck up to a liquor store and buy enough booze to kill a small town.”

The task force calls for tight regulation of cultivation for commercial sale to track product from seed to sale, to keep it from entering the black market and to allow for health-based recalls.

That would appear to undermine the dream of pot reform advocates for much more liberal policies that favour new startups, not just big corporate producers.

Tousaw said he still hopes an exemption could be created for small craft growers to sell their pot the way wineries do in their on-site stores or at farmers markets.

The report calls for more work with the provinces to determine how legal pot would be taxed, with an equitable distribution of revenues.

It recommends that more potent high-THC pot be sold at higher prices or with extra taxes.

Larsen said Ottawa must not go so far as to kill the industry before it gets off the ground.

“The main way to solve most of the problems with cannabis prohibition is to make sure legal cannabis is cheaper than it is now,” he said. “If they try to tax it too much, if they try to put extra taxes on high potency marijuana and things like that, it just perpetuates the black market.”

Other findings of the federal task force

  • 18 should be the minimum age to buy recreational marijuana, but provinces like B.C. could make it the same as their legal drinking age of 19.
  • Pot tasting lounges should be allowed in retail storefronts.
  • Retail outlets should be regulated so they aren’t clustered together and to keep an appropriate distance from schools, parks and community centres.
  • Current medical marijuana regulations to remain unchanged for now.
  • Further study of how to regulate drugged driving, the potential development of a THC limit in the blood for enforcement, and exploration of roadside screening device options.
  • Tightly regulate advertising and packaging.
  • Pot edibles can’t be packaged to be appealing to children or mimic candy.
  • Apply same current restrictions on public smoking of tobacco to marijuana smoking and vaping.

Marijuana Legalization Task Force Report by Jeff Nagel on Scribd

Just Posted

Coast Mountains School District No. 82 acting superintendent of schools, Janet Meyer, talks about policies and procedures relating to the death of Diversity Morgan, a LGBTQ+ student. (Black Press file)
School District 82 to revisit policy after transgender student’s death

Diversity’ death has created a deeper resolve for CMSD 82 to continue doing the work they started

FILE – Perry Bellegarde, National Chief of the Assembly of First Nations, takes part in an event on Parliament Hill in Ottawa on Tuesday, July 7, 2020. THE CANADIAN PRESS/Sean Kilpatrick
Indigenous Peoples Day must be a ‘call to action’, says Assembly of First Nations chief

Discovery of children at Kamloops residential school site must lead to change, Perry Bellegarde says

Outside the Kitimat RCMP police station, Diversity Morgan’s family and Kitimat RCMP come together for a pride flag-raising ceremony. (Jacob Lubberts photo)
With heavy hearts, the Kitimat RCMP hosted a pride flag ceremony to highlight the RCMP’s commitment to inclusion and diversification, as well as honouring the passing of 15-year-old transgender student, Diversity Morgan, from Kitimat.
Speeches were given by Staff Sergeant Graham Morgan, Mayor Phil Germuth, Haisla Nation Chief Councillor Crystal Smith, and Diversity’s father, Mike Wilson.
“We are gathered here for the pride flag ceremony, but in my mind, we’re gathered here in solidarity for anyone who’s ever experienced prejudice or discrimination. […] Today we celebrate what makes us all unique individuals,” Mayor Phil Germuth said in his speech at the pride flag ceremony.
Struggling to get the words out, Crystal Smith, Haisla Nation’s chief councillor, emphasized her condolences to Diversity’s family in her speech sharing her similar experiences as well as acknowledging the need for education around these subjects.
Diversity’s father, Mike Wilson, said he wished that everyone was there under different circumstances but was grateful to see the turnout and the support from the community.
In honour of Diversity, the Kitimat RCMP also lowered their Canadian flag to half-mast, to bring awareness for people who are experiencing discrimination and are in need of additional support.
The Kitimat RCMP also stated that they will be lowering their Canadian flag around this time every year as a visual representation of LGBTQ+.
Kitimat Save-On-Foods also donated water and snacks for the ceremony.
Kitimat RCMP host pride flag ceremony in memory of Diversity Morgan

“We’re gathered here in solidarity for anyone who’s ever experienced prejudice or discrimination”

(Haisla First Nation logo)
Haisla Nation host walk for strength and series of virtual sessions for Indigenous History Month

The purpose of the walk is to bring Haisla Nation members together and show their collective support

The District of Kitimat will be awarding business owners with a store front up to $5,000 to cover up to 50 per cent of exterior renovations. (Norhtern Development logo)
The District of Kitimat is awarding $5,000 to storefront owners for exterior renovations

The district has set aside $20,000 this year and non-profits are also eligible

Marco Mendicino, Minister of Immigration, Refugees and Citizenship during a press conference in Ottawa on Thursday, May 13, 2021. THE CANADIAN PRESS/Sean Kilpatrick
Canada to welcome 45,000 refugees this year, says immigration minister

Canada plans to increase persons admitted from 23,500 to 45,000 and expedite permanent residency applications

Investigators use a bucket to help recover human remains at a home burned in the Camp fire, Thursday, Nov. 15, 2018, in Magalia, Calif. Many of the missing in the deadly Northern California wildfire are elderly residents in Magalia, a forested town of about 11,000 north of the destroyed town of Paradise. (AP Photo/John Locher)
‘Forever War’ with fire has California battling forests instead

Five of the state’s largest-ever blazes seared California last year, as authorities tackle prevention

Tokyo 2020 President Seiko Hashimoto and IOC President Thomas Bach, on a screen, speak during a five=party online meeting at Harumi Island Triton Square Tower Y in Tokyo Monday, June 21, 2021. The Tokyo Olympics will allow some local fans to attend when the games open in just over a month, Tokyo organizing committee officials and the IOC said on Monday. (Rodrigo Reyes Marin/Pool Photo via AP)
Tokyo Olympics to allow Japanese fans only, with strict limits

Organizers set a limit of 50% capacity — up to a maximum of 10,000 fans

The border crossing into the United States is seen during the COVID-19 pandemic in Lacolle, Que. on February 12, 2021. THE CANADIAN PRESS/Paul Chiasson
Border quarantine to soon lift for fully vaccinated Canadians

Eligible travellers must still take multiple COVID-19 tests

A portion of the George Road wildfire burns near Lytton, B.C. in this Friday, June 18, 2021 handout photo. THE CANADIAN PRESS/HO, BC Wildfire Service *MANDATORY CREDIT*
Blaze near Lytton spread across steep terrain, says BC Wildfire Service

Fire began Wednesday and is suspected to be human-caused, but remains under investigation

Blair Lebsack, owner of RGE RD restaurant, poses for a portrait in the dining room, in Edmonton, Friday, June 18, 2021. Canadian restaurants are having to find ways to deal with the rising cost of food. THE CANADIAN PRESS/Jason Franson
Canadian restaurateurs grapple with rising food costs, menu prices expected to rise

Restaurants are a low margin industry, so there’s not a lot of room to work in additional costs

RCMP crest. (Black Press Media files)
Fort St. John man arrested after allegedly inviting sexual touching from children

Two children reported the incident to a trusted adult right away

Most Read