Medical Marijuana Bylaw Up In Smoke?
Prince George, B.C.- The City of Prince George is going to have to make some changes to the Medical Marijuana Production facility bylaw it approved just a couple of months ago. Ministry of Agriculture in B.C. has developed a bylaw standard for such facilities in the Agricultural Land Reserve and their rules don’t match the City’s plan.
The Bylaw Standard developed by the Ministry sets the limits to which local governments can restrict the production of medical marijuana within the Agricultural Land Reserve.
The new standard means the City of Prince George will have to put its bylaw under review, “We will be reviewing the new standard and will make the necessary changes” says Director of Planning, Ian Wells. “It will require some text amendments so we will have to go through the full process again.” That means a public notice, public hearing and four readings before the changes take effect.
At issue are some of the setback requirements.
The Ministry’s new Bylaw Standard and the bylaw recently adopted by the City of Prince George agree on the setback requirement. The Ministry says it should be between 15 to 30 metres, and the City’s bylaw calls for a setback of 30 meters within the property line .
The Ministry’s Bylaw Standard says “there should not be a minimum lot size requirement for medical marijuana production facilities” but the City of Prince George’s bylaw has set the minimum parcel size at 15 hectares.
Then there is a significant difference between what the Ministry sets as the set back from the Medical Marijuana production facility and its neighbours. The Ministry says the minimum set back from any a neighbouring residential use ” should be no more than 30 metres, if a buffer is used, and no more than 60 if a buffer ( spacing, vegetation and fencing) is used”. The City’s bylaw calls for a 1 kilometre spread between a residential property and the Medical Marijuana production facility’s lot line.
The City also has a provision that the there be a “minimum setback distance of 1km or greater from the downtown boundary”, as well as 1 km away from the Prince George Regional Correctional Centre and the Youth Correction Facility.
The Ministry also sets out the minimum setback from any neighbouring park or school be “no more than 150 metres”.
The Ministry says it will be working with local government’s to ensure bylaws are consistent with its standard by the fall of this year.
Comments
From the looks of it (the bylaws)it will require a Philadelphia lawyer to figure it out.
obfuscation is a valid political tactical maneuver. When one is losing the debate, confuse the issue.
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