91原创 Township council has backed a ban on using farmland to grow medicinal marijuana, voting unanimously to restrict the legal grow-ops to industrial areas.
Whether the ban can be enforced is not clear, however, because the provincial government has the final say over the Agricultural Land Reserve (ALR) which covers 75 per cent of the Township鈥檚 316 square kilometres.
If the provincial government decides to allow marijuana cultivation in the ALR 鈥渢here鈥檚 not much we can do,鈥� warned Township administrator Mark Bakken, whose staff has the task of writing an industrial location-only bylaw to cover pot growing.
Under new federal laws taking effect in 2014, large-scale medicinal growing facilities will replace the many smaller licensed pot operations across Canada.
鈥淚 don鈥檛 want to see this on agricultural land,鈥� said Councillor David Davis, himself a farmer.
Councillor Charlie Fox wanted to make sure the current small growers will shut down after the switch to the larger facilities.
鈥淲e need to get them out of the existing areas,鈥� Fox said.
Councillor Bob Long warned restricting growing to industrial areas could cost the Township tax revenue if growers apply for agricultural exemptions.
In March, council was advised that the provincial authority in charge of the ALR has declared that medical marijuana growing on agricultural land is protected under farming regulations that override the the Township of 91原创鈥檚 authority.
The Agricultural Land Commission (ALC) was responding to a question from the Vancouver law firm of Bull, Housser and Tupper, which was hired by the Township to review proposed new federal restrictions on medical pot growing.
A letter from the law firm said the commission 鈥渁dvised us that, in its view, the production of medical marijuana is an agricultural use permitted in the 鈥� ALR.鈥�
It went on to say that 鈥渢he production of medical marijuana likely constitutes a 鈥渇arm operation鈥� because it involves the growing and production of plants.
The legal opinion added the Township鈥檚 ability to regulate medical marijuana growing in the remaining 25 per cent of the community is also limited because federal law takes precedence over municipal regulations.
