MedicalNeed
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If Chilliwack's mayor and council make a move to restrict medical marijuana growers they can expect a legal challenge.
Last week city council directed staff to explore the development of a bylaw regarding medicinal marijuana grow operations that would include zoning restrictions.
The move came out of the Oct. 13 meeting of the city's public safety advisory committee during which a July bylaw banning medical marijuana in Pitt Meadows was discussed.
In July Pitt Meadows council passed a land use bylaw amendment ensuring grow operations are not permitted as home-based businesses in any city zone nor as agricultural operations.
But both the existing Pitt Meadows bylaw and anything on Chilliwack's horizon will likely face constitutional challenges, according to a Vancouver marijuana anti-prohibition organization.
"The bylaws passed by the city of Pitt Meadows are doubtlessly unconstitutional, and will not stand up in court," said Jacob Hunter of the Beyond Prohibition Foundation. "We are talking about sick and dying individuals, authorized by the federal government to produce the only medication that works for them. To further limit these patients rights, especially without well quantified reasons, is unconscionable."
Hunter said if the City of Chilliwack follows the path of Pitt Meadows "it is exposing itself to significant court costs."
When asked if his organization would make a formal legal challenge in Chilliwack if a medical marijuana bylaw was enacted, Hunter said his foundation is "exploring such litigation along with some affiliated organizations. If we do not challenge the bylaw, one of those organizations will."
Gaetz said the city is aware of possible constitutional issues association with any medical marijuana regulatory scheme.
"These are being factored into our considerations," she told the Times. "I think it is important to point out that no decision has been made in terms of what provisions would be implemented. It's likely however, that the policy approach will focus on public safety."
Hunter said that public safety is not directly an issue with medical marijuana production and that there is nothing unusual or illegal used in such growing operations.
"The equipment and fertilizers are all commonly used items available at most garden supply stores," he said. "Ensuring the health and safety of medical marijuana production would be as simple as enforcing existing electrical standards."
NewsHawk: MedicalNeed: 420 MAGAZINE
Source: chilliwacktimes.com
Author: Paul J. Henderson
Contact: Contact Us - Chilliwack Times
Copyright:Chilliwack Times
Website: Putting the chill on city's buzz kill
Last week city council directed staff to explore the development of a bylaw regarding medicinal marijuana grow operations that would include zoning restrictions.
The move came out of the Oct. 13 meeting of the city's public safety advisory committee during which a July bylaw banning medical marijuana in Pitt Meadows was discussed.
In July Pitt Meadows council passed a land use bylaw amendment ensuring grow operations are not permitted as home-based businesses in any city zone nor as agricultural operations.
But both the existing Pitt Meadows bylaw and anything on Chilliwack's horizon will likely face constitutional challenges, according to a Vancouver marijuana anti-prohibition organization.
"The bylaws passed by the city of Pitt Meadows are doubtlessly unconstitutional, and will not stand up in court," said Jacob Hunter of the Beyond Prohibition Foundation. "We are talking about sick and dying individuals, authorized by the federal government to produce the only medication that works for them. To further limit these patients rights, especially without well quantified reasons, is unconscionable."
Hunter said if the City of Chilliwack follows the path of Pitt Meadows "it is exposing itself to significant court costs."
When asked if his organization would make a formal legal challenge in Chilliwack if a medical marijuana bylaw was enacted, Hunter said his foundation is "exploring such litigation along with some affiliated organizations. If we do not challenge the bylaw, one of those organizations will."
Gaetz said the city is aware of possible constitutional issues association with any medical marijuana regulatory scheme.
"These are being factored into our considerations," she told the Times. "I think it is important to point out that no decision has been made in terms of what provisions would be implemented. It's likely however, that the policy approach will focus on public safety."
Hunter said that public safety is not directly an issue with medical marijuana production and that there is nothing unusual or illegal used in such growing operations.
"The equipment and fertilizers are all commonly used items available at most garden supply stores," he said. "Ensuring the health and safety of medical marijuana production would be as simple as enforcing existing electrical standards."
NewsHawk: MedicalNeed: 420 MAGAZINE
Source: chilliwacktimes.com
Author: Paul J. Henderson
Contact: Contact Us - Chilliwack Times
Copyright:Chilliwack Times
Website: Putting the chill on city's buzz kill
