The Village of Cumberland is considering guidelines that would allow the regulation of medical marihuana dispensaries in the historic Village commercial core.
The retail sale of medical marihuana and storefront medical marihuana dispensaries are unlawful under the Criminal Code of Canada.
Land Use Regulations
The Village is considering a policy to only permit Medical Marihuana Dispensaries through a Temporary Use Permit, rather than a permanent, property zoning change. The following land use regulations can be applied to Medical Marihuana Dispensaries:
- Shall not be located within 200metres from another Medical Marihuana Dispensary
- Shall not be located within 150metres of the nearest property line of a site containing a public school
- Shall not be permitted in conjunction with any other use
Temporary Use Permit (TUP)
The Official Community Plan permits Temporary Use Permits (TUP) in Industrial and Commercial designated lands.
A TUP allows a use that is not permitted by the zoning bylaw and specifies conditions under which the temporary use may be carried out. The terms of the permit are time limited up to 3 years (plus one renewal up to 3 years). Council can set the length of permit up to this maximum. Upon renewal, additional conditions can be added.
Prior to issuing a TUP, the Village must give public notice. Council can also require a public process to enable community input.
Development Permit/Heritage Conservation Area (HCA)
In the VCMU-1 zone, a Heritage Alteration Permit may be required. Those permit regulations provide opportunity to address “form and character” considerations of changes to the building.
Business License Regulations
If a Medical Marihuana Dispensary application received a TUP, it would require a business license and would comply with the following proposed business regulations:
- Medical Marihuana Dispensaries shall be conducted within a completely enclosed building.
- Medical Marihuana Dispensaries must not allow individuals under the age of 19 on the premises.
- Medical Marihuana Dispensaries must not advertise or promote the use of marihuana to a minor, including through product displays, names, logos or other signage.
- Medical Marihuana Dispensaries must post health and safety warning signs on the premises.
- Medical Marihuana Dispensaries must not allow consumption of marihuana on the premises.
- Any business that keeps marihuana on the premises must install and maintain an air filtration system to ensure odour impacts on neighbouring properties are minimized.
- Medical Marihuana Dispensaries must not be open for business between 8pm and 7am.
- The premises of a Medical Marihuana Dispensary can only be used for the sale of medical marihuana and accessory uses such smoking paraphernalia.
- Any business that keeps marihuana on the premises must submit the following information as part of their initial business license application and on each renewal
- A security plan
- Police information checks for the applicant and every on-site manager
- Proof of a security alarm contract
- Proof of ownership or legal possession of the premises, including written consent of the landlord if the premises are leased.
- Medical Marihuana dispensaries must implement the following measures, to deter criminal activity while the business is open to the public:
- At least two employees must be on duty
- Windows must not be blocked.
- Any business that keeps marihuana on the premises must implement the following security measures:
- Video surveillance cameras must be installed and monitored
- A security and fire alarm system must be installed and monitored at all times
- Valuables must be removed from the business premises or locked in a safe on the business premises at all times when the business is not in operation.
The comments collected in the survey and other feedback will be summarized and provided to Council at its meeting on August 8, 2016. Check the agenda for this meeting after August 5, 2016 to view the staff report.Search again