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Here's the deal. As stated in my prior post, there

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Post# of 56324
Posted On: 09/24/2014 10:07:05 AM
Posted By: LawDogs
Here's the deal. As stated in my prior post, there are CURRENTLY no by-laws within the town of Lakeshore that regulate the production and/or manufacture of medical marijuana. Because there are no by-laws specifically regulating the production/manufacture of medical marijuana, everything is CURRENTLY perfect for Cen Biotech. All we need is the HC license. Once we have the license, we are regulated by the CURRENT by-laws (there are none) which allows us to grow and manufacture marijuana in our current location because it is considered by Canada to be an agricultural/horticultural act and we are in a designated agricultural zone. Any FUTURE by-laws that intend to regulate marijuana would only impact the competition and not Cen Biotech. But that is only IF we are issued a license by HC PRIOR to the adoption of any marijuana regulating by-laws. Those opposed to the project, and their lawyer recognize this. They recognize that if we are issued a HC license BEFORE the adoption of any marijuana regulating by-laws we would be "grandfathered" in and the future by-laws would have no impact on us. It's exactly why the lawyer representing the folks in opposition said that they demand the town act NOW rather than wait or continue to defer the issue. They know that if we receive a HC license BEFORE the adoption of any new by-law, it will have no impact on Cen Biotech. As such, the lawyer has requested the town act now and the recent news article indicates the town will be contacting HC and asking that the issuance of a license to Cen Biotech be stayed until they work out their anticipated marijuana regulating by-laws. HERE IS THE CURRENT QUESTION WE NEED ANSWERED: If a local municipality contacts HC asking that a particular license for a particular applicant be put on hold pending the adoption of marijuana regulating by-laws, WILL HC put that applicants license on hold or not? If the answer is yes, then we will have to wait for the town to adopt its by-laws and hope that the town adopts by-laws that allow for our project to operate in its current location. (i think this would be the case given the fact that the number of people in opposition are so few) Once that happens, the town would contact HC, tell them their by-laws are in place, and HC can then issue a license provided everything else passes inspection. If the answer is NO, that is, if Health Canada DOESN'T put an applicants license on hold at the request of a local municipality, then we really need that license to come ASAP. It will be a race to see what happens first: issuance of a license or the adoption of the new by-law. However, if the adopted by-law permits us to operate in our current location (and it does as the proposed draft is currently written) then it would be a moot point either way. This could all be avoided if HC just issued our license now. But if not, the above question is a hot topic at this point in time. IMO


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