If he is not a lawyer than he most likely is telling the truth.
Whatever. You stated they were grandfathered in and I understand what that means. In minnesota they raised the drinking age from 19 to 21. If you were 19 you were grandfathered in.
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Oh and by the way the mayor isn't a lawyer if the town wants to challenge then a court will decide not council members or a mayor
I doubt that since they expressed they want the stimulus for the economy
If you knew the meaning of the term grandfathered you would understand but instead you change the conversation immediately to banning and then what's up with lhemp
Actually he doesn't provide a source or links that are verifiable for what he alleges the mayor or anyone else said
What are you referring to. I never said there was a ban. I said the city has not approved it. They are working out the rules and regs. And if they want they can ban mmj production. I think they will work out the issues and allow fitx to grow due to the economic impact. Is that clear enough for you. Rolph posted quotes by the mayor and Mr. Foran regarding the issues in the town of Lakeshore. But keep trying and keep thinking there are not any issues if it makes you feel good.
This whole thing started with you and your silly notion that fitx is grandfathered in. Grandfathered into what?
I never said they did. I said other cities have. But keep thinking that there is not a zoning issue.
Lakeshore is not thinking about or talked about a ban on medical marijuana please stop trying to confuse people
Canadian courts would not deal with the residents' concerns in this situation. That is outside the courts' jurisdiction. Their concern would be whether the city has acted ultra vires its jurisdiction under the Municipal Act, 2001.
if there was an existing marijuana production business and you wanted to start one and were banned by the city this could be a problem. This business is a new business market. Is controversial and there are many concerns. I do not know anything about canadian law but I would guess the courts would have to take the residents concerns as legit.
I'm not sure how Colorado law works, but I am intricately familiar with Canadian law. I doubt a challenge to Richmond council's decision would be unsuccessful. Also, Bill isn't suing Lakeshore, and Lakeshore isn't proposing to make commercial grow ops illegal. In the case of Richmond, municipalities are creatures of statute (Municipal Act, 2001) and are bound in their jurisdiction to follow statute. While they have control over zoning, they may have gone too far in "prohibiting" a specific use. I'm not sure about BC municipal law as I'm only licensed in Ontario, but s. 23.3(1) of the Municipal Act and s. 34 of the Planning Act don't give municipalities the carte blanche zoning power that Richmond seems to be exercising (see: http://www.gowlings.com/knowledgeCentre/publi...legal.pdf).
You may also note that court challenges by businesses in Washington and Colorado have failed. The courts upheld the cities rights as they should.
So bill can go sue whomever if he does not get his way but he will lose.
I agree. I also have stated on this board that hc can issue fitx a license without municipal approval. What good is a license if the city does not allow you to grow? I would think prior to building a facility one would get municipal approval to conduct their business first. Unless, of course. the land you are building on is owned by a cousin who gets 25 grand a month in a lease.
Ok I see what you're getting at. I think we've been having a miscommunication then. What I mean is that drug law does not apply differently in different parts of the country. A distributor can get a license to grow in any part of the country. Zoning requirements are a different thing; they don't speak to the legality of growing marijuana commercially. If a company holds a license to grow commercially, they can grow commercially anywhere in the country as it is federal law that governs this. Commercial zoning is within the municipality's jurisdiction, but it's not specifically directed at marijuana operations. I would go further and contend that Richmond's council acted ultra vires their jurisdiction by unilaterally banning commercial marijuana operations. If you look at ss. 38-40 of the MMPR, you'll see that local approval is NOT needed in the licensing process, just notice to local authorities. The question of zoning is within the municipality's jurisdiction - this does not speak to the "legality" of commercial grow operations - this is within the federal government's jurisdiction. Solely targeting one business in zoning decisions, however, may be ultra vires the municipality's jurisdiction and I can see a successful court challenge to this.
Richmond banned mmj producers initially. Set up their own set of rules. And then allowed medjean to produce marijuana abiding by those rules.
So yes a city can ban marijuana production as they have the right under local jurisdiction to do so.
Richmond banned marijuana producers
posted Jan 16, 2014 at 5:00 PM— updated Jan 20, 2014 at 2:40 PM
Richmond council has decided to butt out medical marijuana grow-ops in Richmond ahead of a major shift in Health Canada’s program.
The federal agency is overhauling its regulations allowing Canadians access to the drug for medical purposes. The new program will cease to allow production of medical pot in homes previously licensed by Health Canada. Instead, approved users will buy it from licensed commercial producers, which deliver via courier.
But in a recent unanimous vote, civic politicians voted to ban such producers in Richmond.
“Our take is Health Canada licenses them, but they’re requiring anybody who gets a licence to meet local zoning requirements,” said Terry Crowe, the city’s policy planning manager. “We have control over that, so if we said no, it would mean no.”
Four potential operators have applied for licences to grow medical pot in Richmond, according to Crowe. As of Thursday, Health Canada listed four approved growers on its website—none being local.
Coun. Bill McNulty said there’s always a concern about marijuana growing operations because the drug isn’t legal—except under Health Canada rules—and allowing them could lead to a “proliferation,” as no limits on producers have been set.
McNulty also said the federal agency doesn’t communicate with cities.
“That’s a flaw of the federal government, it’s not just them. They do things…and the city has to pick up the pieces.”
In 2001 the federal government introduced its medical marijuana program. It ends March 31, when all licences to possess and grow the drug expire, and licensed commercial producers become the legal distributors.
New regulations are aimed at cutting abuse and improving safety, according to a Health Canada letter to users that laid out reasons for the change.
“The high value of marijuana on the illegal market increases the risks of violent home invasion and diversion to the black market. In addition, these production operations present fire and toxic mould hazards. These risks are not only felt by the individuals licensed to grow, but potentially also by their neighbours and community members,” the letter says.
As of last fall, Health Canada had received 220 applications across Canada for production facilities, according to city staff.
Richmond council’s decision, made Dec. 16, 2013 comes as other cities also take positions. According to city staff, Chilliwack is only permitting production facilities in a single special zone, while Surrey is allowing one facility in a special zone on city-owned property.
City staff noted just 500 people had Health Canada’s authorization to possess the drug when the program began in 2001. By 2012, 21,986 people had clearance for the drug. This year, the number of approved users is expected to climb to 40,000.
Investors, if interested, can buy FITX, as soon as OTC markets open on Tuesday. While it is positive for a company to be part of an index, it can be dropped off if it doesn't go through with proposed business goals. We'll see.
Marc Emery jail time was his own fault. He thought he could poke the bear and get away with it. He is viewed as nut job in Canada. Justine Trudeau the only Canadian politician who want to legalize pot. Doesn't want anything to do with him. Marc Emery is Harper's gift to reelection.
Ok let's start at the beginning. Canada is NOT the United States. We have a different system. In the US, laws may vary state-by-state. Drug law in Canada is completely different. It is all federally controlled. This means that what is illegal/legal to grow in, say, British Columbia, is the same in, say, Ontario. The legality of drugs is described in the Controlled Drugs and Substances Act and the regulations. There is no provincial/municipal legislation that can speak to this.