Someone please cut and paste this and post it on l
Post# of 56323
Posted On: 09/16/2014 2:59:13 PM
Someone please cut and paste this and post it on liehub for me. I have been banned and i'm sick of all the naysayers continuing to bring up zoning as an issue. I am hopeful this gets through to some of the liehub followers.
Hopefully this will settle everyone's concerns over any zoning issues. Legally speaking, the growing and processing of marijuana in Canada is legally recognized as an agricultural and horticultural act for "land use" purposes. To that end, in 2013 the Agricultural Land Commission of Canada declared to all local governments that the lawfully sanctioned production of marijuana for medical purposes is considered a "farm use" under the Agricultural Land Commission Act. (google it if you have to). Under the Act, "farm use" cannot be prohibited by ANY LOCAL GOVERNMENT BY LAW. It can only be regulated.
The MMPR regulation only requires that an applicant, when submitting a license application, notify local government of the MMPR application. The legislation does NOT require Health Canada to confirm compliance with local government regulations prior to issuing a license. This means that Health Canada can issue Cen Biotechs license when they are ready and the local government has nothing more to do with it whatsoever.
Bill C. has stated that zoning has never been an issue. It hasn't. Lakeshore currently has no specific bylaws intending to regulate the growing and/or processing of marijuana. Regarding relevance to CEN Biotech, Lakeshore only has by-laws designating certain areas of land as residential, agricultural and industrial. We are in an agricultural designation. We will be performing what the Agricultural Land Commission of Canada has said is an agricultural act. As stated above, the local government cannot prohibit the growing and processing of marijuana as that act is protected under the Agricultural Land Commission Act. Zoning has never been an issue.
Now, as many of us know and as many of us have seen, the Town of Lakeshore has recently drafted a proposed by-law which is intended to regulate the growing and processing of marijuana. This is a moot point for two reasons. First, and this one is speculative, if Cen Biotech is issued a federal license BEFORE the by-law is adopted, the by-law will have no controlling effect on Cen Biotech because Cen Biotech will be "grandfathered" in. Yes that's right, "grandfathered" in. (I believe Bill C. said this) The proposed by-law is not retroactive and legally would have no controlling effect on Cen Biotech. It would only affect those companies that receive federal licenses AFTER its adoption. Now, the reason this is speculative, is because IF the by-law is adopted BEFORE Cen Biotech is federally licensed, then in that instance the by-law would be controlling on Cen Biotech. But, the reason this is all a moot point, is because the by-law, as it is currently written, has no effect on Cen Biotechs intended land use purposes. So regardless of whether the by-law is or is not passed before we are federally licensed makes no difference.
So what does all this mean? It means we are waiting for Health Canada to issue us a license to grow and that issuance of that license is in no way, shape or form dependent upon anything that has to do with the Town of Lakeshore. It also means that once that license is issued we will be capable of performing an act that is protected under the Agricultural and Horticultural Act for Land Use Purposes, that being, growing and processing marijuana. If we are licensed before Lakeshore passes a new by-law it has no effect upon us. If we are licensed after Lakeshore passes a new by-law we must comply with it. We are in full compliance with it as it is currently written. Either way, no difference.
Hopefully this will settle everyone's concerns over any zoning issues. Legally speaking, the growing and processing of marijuana in Canada is legally recognized as an agricultural and horticultural act for "land use" purposes. To that end, in 2013 the Agricultural Land Commission of Canada declared to all local governments that the lawfully sanctioned production of marijuana for medical purposes is considered a "farm use" under the Agricultural Land Commission Act. (google it if you have to). Under the Act, "farm use" cannot be prohibited by ANY LOCAL GOVERNMENT BY LAW. It can only be regulated.
The MMPR regulation only requires that an applicant, when submitting a license application, notify local government of the MMPR application. The legislation does NOT require Health Canada to confirm compliance with local government regulations prior to issuing a license. This means that Health Canada can issue Cen Biotechs license when they are ready and the local government has nothing more to do with it whatsoever.
Bill C. has stated that zoning has never been an issue. It hasn't. Lakeshore currently has no specific bylaws intending to regulate the growing and/or processing of marijuana. Regarding relevance to CEN Biotech, Lakeshore only has by-laws designating certain areas of land as residential, agricultural and industrial. We are in an agricultural designation. We will be performing what the Agricultural Land Commission of Canada has said is an agricultural act. As stated above, the local government cannot prohibit the growing and processing of marijuana as that act is protected under the Agricultural Land Commission Act. Zoning has never been an issue.
Now, as many of us know and as many of us have seen, the Town of Lakeshore has recently drafted a proposed by-law which is intended to regulate the growing and processing of marijuana. This is a moot point for two reasons. First, and this one is speculative, if Cen Biotech is issued a federal license BEFORE the by-law is adopted, the by-law will have no controlling effect on Cen Biotech because Cen Biotech will be "grandfathered" in. Yes that's right, "grandfathered" in. (I believe Bill C. said this) The proposed by-law is not retroactive and legally would have no controlling effect on Cen Biotech. It would only affect those companies that receive federal licenses AFTER its adoption. Now, the reason this is speculative, is because IF the by-law is adopted BEFORE Cen Biotech is federally licensed, then in that instance the by-law would be controlling on Cen Biotech. But, the reason this is all a moot point, is because the by-law, as it is currently written, has no effect on Cen Biotechs intended land use purposes. So regardless of whether the by-law is or is not passed before we are federally licensed makes no difference.
So what does all this mean? It means we are waiting for Health Canada to issue us a license to grow and that issuance of that license is in no way, shape or form dependent upon anything that has to do with the Town of Lakeshore. It also means that once that license is issued we will be capable of performing an act that is protected under the Agricultural and Horticultural Act for Land Use Purposes, that being, growing and processing marijuana. If we are licensed before Lakeshore passes a new by-law it has no effect upon us. If we are licensed after Lakeshore passes a new by-law we must comply with it. We are in full compliance with it as it is currently written. Either way, no difference.
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