In the face of impending legalization, the District of Fort
St. James has adopted a controversial bylaw amendment prohibiting the sale and production of cannabis, but has added a sunset clause that would see it expire on Sept. 30, 2018.
The amended bylaw was adopted at a council meeting of the district on Wednesday.
At a previous council meeting on April 11, several residents had loudly voiced opposition to the bylaw, forcing the mayor to adjourn the meeting early. One resident, Sandi Taylor, told The Citizen she had gathered over 320 signatures of Fort St. James residents on a petition opposing the bylaw.
The District's bylaw amendment states that "no person shall use any land, building, or structure for the sale, commercial production, or distribution of cannabis."
The federal government has said legalization of cannabis could occur as early as July 1. The B.C. government has announced a legislation regime that would see marijuana sold in public and private stores. Once the federal legislation is put in place, individuals over the age of 19 will be allowed to purchase up to 30 grams for recreational use. Possession of non-medicinal cannabis is currently illegal under federal laws.
A media release issued by the District stated the sunset clause would "allow council time to understand provincial guidelines and consult with members of the community."
Lina Gasser, deputy chief administrative officer for the District of Fort St. James, said the decision to prohibit cannabis was made in order to limit illicit vendors.
"We didn't want any illegal business, as they would be at this time, to set up shop and get grandfathered in. So the idea is that now the bylaw is in place, nothing can happen once it becomes legal. Council will have a better idea of what that will look like in a municipal setting and they'll be able to zone accordingly," Gasser said.
Gasser said the bylaw amendment could be repealed before Sept. 30.
When asked whether the sunset clause was added because of the public backlash to the bylaw, Gasser said she was unsure.
"I'm not 100 per cent sure. Council has always said this is not a forever, that it was only going to bridge the gap. That's been their position from the beginning. Possibly, after hearing from people at the public hearing at the end of March, it's something that they thought about," she said.
Several of the opponents of the bylaw had suggested its wording made it seem that the sale or production of medicinal marijuana would be prohibited as well. The federal government allows the sale of medicinal marijuana but does not allow sales to take place in person or from a store. Licensed producers must also notify municipalities after being licensed by Health Canada.
The bylaw does not make a distinction between medicinal cannabis and non-medicinal cannabis. Despite this, Gasser said the bylaw does not restrict the sale of medicinal marijuana.
The Citizen attempted to reach Fort St. James Mayor Rob MacDougall but did not receive a response before deadline.
