by Betty Bardswich
MINDEMOYA—Municipalities in this province have been given the option of accepting the provincial legislation and allowing cannabis retail stores in their location, as outlined by the Alcohol Gaming Commission of Ontario and the Ontario government, or opting out of allowing retail stores in their jurisdiction. Municipalities that decide to opt-in will receive a share of $15 million that Finance Minister Vic Fedeli has announced in funding for January for those municipalities that opt in to deal with the costs involved, and Central Manitoulin council is among those Island municipalities that has decided to do just that.
Another benefit that may come to municipalities is that, if the federal excise tax on recreational marijuana exceeds $100 million, the province will give half of the surplus to municipalities that have not chosen to opt out of allowing the stores. This decision to opt in or out must be made by January 22, 2019.
In Central Manitoulin, the decision to be made first landed on the table at the security, health and education committee meeting on December 18 with Councillor Steve Shaffer serving as chairperson. Councillor Derek Stephens was not happy with this, saying that the cannabis issue should be a federal one and now that the municipalities are making decisions around the matter, it should have been under the economic development committee. He also said, “if we allow it, any retail person will have to apply for the licence, so it has nothing to do with us.”
“So we would only have to pass a bylaw to opt out if we wanted to do that?” Mayor Richard Stephens queried.
Councillor Stephens responded, saying, “Council would have to make a statement because people want to know.” He also observed, “We have no control over grow-ops and they are allowed to have a retail outlet and we have no control over that.”
Councillor Angela Johnston did, however, note that “we can make a policy statement re the business near a playground or school.”
“So,” was the response from Councillor Shaeffer, “we are basically following the liquor licence application process.”
In the end, the decision was made to recommend to council that the municipality will opt in by allowing cannabis retail stores within the Central Manitoulin boundaries.
The council meeting was held December 20 and Councillor Stephens again noted that “people are looking for this. Maybe a farmer is looking to set up a grow-op. They still have to go through the government to get the rules and a licence.”
“And the municipality will still have input if there is a store,” Councillor Shaffer added.
“We are not going to stand in the way of it,” Mayor Stephens asserted. “I personally don’t support it, but it is coming and there is nothing we can do about it.”
The provincial government has rules in place for a cannabis retail store, including how the cannabis is sold, where the stores are located, and how the stores are operated. There will be only 25 licences available at date of issue, granted by the Alcohol and Gaming Commission.
There is also legislation in place forbidding the smoking or vaping of cannabis near schools, hospitals, publicly owned spaces such as sports facilities, restaurants, bus shelters or cars or boats that are being driven or at risk of being driven. The province can also set added restrictions such as increasing the age for consumption, which now stands at 19, restricting where recreational cannabis is used and added requirements on personal cultivation.
At the present time, cannabis is only legally available through the Ontario Cannabis Store (OCS.ca) and purchase is limited to 30 grams.