Robert Celt
New Member
The owner of a bar-turned-medicinal pot grow op in east Hamilton has told tenants to "solve" a bylaw standoff with the city or get out.
The city only learned the former Boomers bar and strip club on Kenilworth Avenue North had quietly morphed into a medical marijuana facility after residents complained about pungent odours wafting down the street.
Police investigated, but found the growers had three federal licences to cultivate and store medical marijuana. The city has issued a zoning violation giving the owner until June 20 to either stub out pot production or apply for rezoning.
Lawyer Yigal Rifkind, who represents a corporate building owner identified in property records as Maple Leaf Wellness (Canada) Ltd., said he believes the federal licences "trump" city zoning rules for the building.
But Rifkind added the owner has "no intent to go to war with the city" and has told tenant growers to fix both the escaping fumes and the municipal conflict.
"We're saying, you solve this and solve it quickly, otherwise you're gone," he said in a weekend phone interview. It's not yet clear how long the owner is willing to wait for resolution, but Rifkind said he would consult further with tenants in the coming days.
He added he didn't immediately have permission to identify the tenants or corporate directors associated with the owner.
Rifkind said he didn't know whether the escaping fumes were the product of a faulty or inadequate ventilation system. The Spectator spoke to several neighbours who had periodically noticed the smell of pot.
"Some mornings, it's all you smell down the whole street," said Jessica Albers, who lives several doors down from the former bar.
Rifkind, who has represented other medical marijuana groups, said he generally considers such growers "good tenants," both for neighbours and landlords who can expect higher-than-average rental rates.
Rifkind also called the conflict a "tempest in a teapot" given revamped federal medical marijuana laws are expected to be unveiled within months. It's possible the new rules will invalidate the production licences in use on Kenilworth, he said.
Coun. Sam Merulla said he believes the owner must comply with city zoning rules, federal licences or no. But the Ward 4 representative added he's pleased to hear the owner has no desire to fight or ignore the city's order.
"If they want to work with the city, I will assist in facilitating the meetings," he said, suggesting the owner or its tenants could look at some of the newly approved industrial zones now open to medical marijuana grow ops.
"But if you're serious about it, don't act like you're above the law. Don't act in secret, cause odour problems and force us to go after you for property standards issues."
Merulla also circulated a notice of motion last week that would call on Health Canada to provide a list of all "active licences" to produce medical marijuana in Hamilton.
The federal government tried to implement new legislation governing medical marijuana production and sale in 2014 that included a public registry of licensed companies and required all licence holders to comply with municipal bylaws. A successful court challenge, however, sent bureaucrats back to the drawing board.
Health Canada told the Spectator the government can't identify holders of older medical marijuana licences. But in an emailed statement, it said "any individuals who are producing marijuana for medical purposes ... who disregard their authorization or licence requirements, or any other related legislation, may be subject to law enforcement measures."
The city has said Hamilton police found no evidence at Kenilworth of licence breaches or criminal activity. A police spokesperson refused to confirm or deny the information
News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: ON: Owner Of Kenilworth Ave. Bar Turned Medicinal Pot Grow-Op Won't Fight City
Author: Matthew Van Dongen
Photo Credit: Jon Paciaroni
Website: Hamilton Spectator
The city only learned the former Boomers bar and strip club on Kenilworth Avenue North had quietly morphed into a medical marijuana facility after residents complained about pungent odours wafting down the street.
Police investigated, but found the growers had three federal licences to cultivate and store medical marijuana. The city has issued a zoning violation giving the owner until June 20 to either stub out pot production or apply for rezoning.
Lawyer Yigal Rifkind, who represents a corporate building owner identified in property records as Maple Leaf Wellness (Canada) Ltd., said he believes the federal licences "trump" city zoning rules for the building.
But Rifkind added the owner has "no intent to go to war with the city" and has told tenant growers to fix both the escaping fumes and the municipal conflict.
"We're saying, you solve this and solve it quickly, otherwise you're gone," he said in a weekend phone interview. It's not yet clear how long the owner is willing to wait for resolution, but Rifkind said he would consult further with tenants in the coming days.
He added he didn't immediately have permission to identify the tenants or corporate directors associated with the owner.
Rifkind said he didn't know whether the escaping fumes were the product of a faulty or inadequate ventilation system. The Spectator spoke to several neighbours who had periodically noticed the smell of pot.
"Some mornings, it's all you smell down the whole street," said Jessica Albers, who lives several doors down from the former bar.
Rifkind, who has represented other medical marijuana groups, said he generally considers such growers "good tenants," both for neighbours and landlords who can expect higher-than-average rental rates.
Rifkind also called the conflict a "tempest in a teapot" given revamped federal medical marijuana laws are expected to be unveiled within months. It's possible the new rules will invalidate the production licences in use on Kenilworth, he said.
Coun. Sam Merulla said he believes the owner must comply with city zoning rules, federal licences or no. But the Ward 4 representative added he's pleased to hear the owner has no desire to fight or ignore the city's order.
"If they want to work with the city, I will assist in facilitating the meetings," he said, suggesting the owner or its tenants could look at some of the newly approved industrial zones now open to medical marijuana grow ops.
"But if you're serious about it, don't act like you're above the law. Don't act in secret, cause odour problems and force us to go after you for property standards issues."
Merulla also circulated a notice of motion last week that would call on Health Canada to provide a list of all "active licences" to produce medical marijuana in Hamilton.
The federal government tried to implement new legislation governing medical marijuana production and sale in 2014 that included a public registry of licensed companies and required all licence holders to comply with municipal bylaws. A successful court challenge, however, sent bureaucrats back to the drawing board.
Health Canada told the Spectator the government can't identify holders of older medical marijuana licences. But in an emailed statement, it said "any individuals who are producing marijuana for medical purposes ... who disregard their authorization or licence requirements, or any other related legislation, may be subject to law enforcement measures."
The city has said Hamilton police found no evidence at Kenilworth of licence breaches or criminal activity. A police spokesperson refused to confirm or deny the information
News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: ON: Owner Of Kenilworth Ave. Bar Turned Medicinal Pot Grow-Op Won't Fight City
Author: Matthew Van Dongen
Photo Credit: Jon Paciaroni
Website: Hamilton Spectator
