Municipalities have power to prohibit pot

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This article was published 08/11/2017 (2909 days ago), so information in it may no longer be current.

Manitobans are learning that it will be their mayor and local council who will decide if legal retail cannabis can be sold in their communities next summer.

Notwithstanding Prime Minister Justin Trudeau’s promise to legalize pot nationally by July 1, and Premier Brian Pallister’s months of accusing Ottawa of moving too fast, it turns out it will be a local decision.

Municipal councils found out Tuesday, and Pallister’s office confirmed Wednesday, that the province is giving them the same local power over pot as they have over Sunday shopping.

Even as Pallister announced his plan Tuesday to have pot sold by private stores that would be overseen by a provincial regulator and a Crown corporaton, provincial bureaucrats were telling municipalities privately that they have the final say.

Steinbach Mayor Chris Goertzen, the president of the Association of Manitoba Municipalities, said Wednesday that provincial officials confirmed to AMM officials Tuesday that local councils would make the final decision on allowing retail cannabis stores to operate.

Meanwhile, in Pallister’s absence Wednesday, Growth, Enterprise and Trade Minister Blaine Pedersen said that businesses submitting proposals to operate retail cannabis stores will have to serve ‘multiple locations’ and ‘mom and pop stores’ would not be considered until a future expansion.

“We’re looking at cross-Manitoba coverage,” he said. “How can you have a single store and serve all of Manitoba? This is a phased-in approach. We need entities that can cover the province. In the future, we can look at one-offs.”

Pedersen warned companies preparing to submit business plans by the Dec. 22 deadline that they’ll have to consider the possibility that some of the communities in which they intend to operate may not accept them.

“They better do their homework,” Pedersen said.

The Manitoba Liquor and Gaming Authority and Manitoba Liquor and Lotteries will be responsible for all other aspects of legal cannabis sales, including procurement of supply, security, storage and distribution. Cannabis will be sold through private retail stores by up to four approved companies.

Asked several times, Pedersen would not say directly whether the government has ever said publicly that municipalities would have the autonomy to block retail cannabis. “Municipalities have that right. This is the ongoing relationship we have with the municipalities,” Pedersen said.

One government source said that Pallister had never brought it up, but neither had anyone asked until this week.

 

Goertzen said that municipal councils have the authority to name a specific commercial use to be controlled or even excluded under zoning bylaws. That’s how they can control Sunday shopping, or by allowing alcohol to be sold, Goertzen said.

“We can decide what’s best for our own communities,” Goertzen said. “The information only came out (Tuesday) that we can control our zoning bylaws.

“Municipalities do control where alcohol is served,” he said. “We welcome them treating it the same way. The communications we’ve had with the province indicate we can enter this into our zoning bylaws.”

The request for proposals makes one brief reference to retail cannabis stores needing to comply with local zoning bylaws. It doesn’t mention that prospective retailers could be kept out of some communities.

Goertzen said that the province and municipalities have been talking at an officials’ level on a daily basis for months in anticipation of legalization, expected to take effect July 1.

“It was about municipalities having the ability to regulate what goes on in their municipalities,” Goertzen said.

The Steinbach mayor expects retail recreational cannabis to be a major topic at AMM’s annual general meeting later this month, when provincial politicians and officials will discuss details with about 800 municipal councillors.

Goertzen said it shouldn’t be assumed that councils will reject legal sales in their communities.

“The reality is, this is happening,” he said. “Municipalities are reasonable.”

They’re also aware that Ottawa says its legislation will allow mail-order supplies of legal recreational cannabis.

The request for proposals says that, subject to change, the province will notify successful retail proponents Jan. 31 and sign agreements by March 31. The Pallister government has not yet decided when it will identify them pubicly or disclose in which communities they plan to operate.

Pallister noted Tuesday it is not accurate to say he opposes federal plans to legalize cannabis. He believes Ottawa is rushing the process and leaving insufficient time to plan how provinces will handle enforcement, especially how to handle drivers who are impaired by pot.

Federal officials in Ottawa told the Free Press that they will address the issue of municipal powers Thursday.

Mayor Brian Bowman said he hasn’t had the chance to fully review the province’s pot plan because he just got back from meetings in North Dakota and Minnesota.

“First glance at it, it looks like an innovative path forward for the distribution of cannabis,” Bowman said. “The primary question that I didn’t see answered (Tuesday), at least from the reports, was how the city will be compensated for anticipated extra costs for policing and other services. That has to be resolved going forward.

“My primary concern is who is collecting the revenues, where are they going, and how are they ultimately going to help compensate for what we anticipate are increased costs for first responders.”

Bowman said the city to date hasn’t taken a close look at what bylaws and zoning rules would have to be in place because, up until this week, it didn’t know the distribution model the province would decide on.

Bowman said between now and when marijuana is legalized next year “there will be a lot of work required by the public service and council going forward.”

Winnipeg Coun. John Orlikow, chair of the property and development committee, told the Free Press that city council will decide whether Winnipeg will opt out.

“We never knew that was an option before,” Orlikow said Wednesday. “We haven’t had a chance to talk about it at council. There’s been no communication from the province. There’s no official word — I know AMM has heard.”

Orlikow said the city could allow retail pot shops in all commercial zones or it could set restrictions, similar to those imposed on pawn shops and massage parlours, which prevent them from operating adjacent to schools and daycare centres.

— with files from Aldo Santin and Dylan Robertson

nick.martin@freepress.mb.ca