A new sign warns people not to take cannabis across the border. It remains a serious offence to take it either way. (Michele Weisz photo)

Recreational cannabis may be legal across Canada on Wednesday, but don’t expect any licensed retail outlets in Osoyoos anytime soon.

Gina MacKay, Town of Osoyoos director of planning and development, said the town has received inquires from about five or six people asking about the process for establishing a store here.

But the town’s cannabis zoning bylaw was only given final adoption on Monday and there remain changes to the business-licensing bylaw for the next council to make.

“Don’t forget that a rezoning process, even if somebody submitted an application in November, it wouldn’t be processed until the new year,” said MacKay.

Under the new laws, it remains illegal to possess cannabis from unlicensed sources. Yet when those Osoyoos residents who do indulge light up celebratory joints on Oct. 17, black market pot will likely be all that’s available.

That’s because there will only be one licensed retail outlet in all of B.C. when cannabis becomes legal, a drive of almost four hours to Kamloops, where the only B.C. government store in the province is opening.

The BC Cannabis Store opens Wednesday morning at Columbia Place Shopping Centre. The store is operated by the BC Liquor Distribution Branch (LDB), which is the public retailer and wholesale distributor of non-medical cannabis in B.C.

The only other legal option is the LDB’s online Cannabis Store, which opens just after midnight Wednesday morning. Purchasers must be 19 or older. The portal will be at: www.bccannabisstores.com.

That store will use the Shopify e-commerce platform. Orders will take up to 48 hours to process and will be shipped by a third-party courier that will check the customer’s government-issued identification.

LDB said Shopify will meet B.C. privacy requirements and its platform and data will be stored in Canada.

“We are not speculating on the location of future LDB operated stores,” LDB said in an emailed response. “Suffice to say we are actively investigating suitable locations across the province and (LDB) is committed to a careful and efficient rollout of its chain of BC Cannabis Stores.”

Osoyoos Town Council has determined that only private retailers will be allowed to sell here and government stores will be prohibited.

But there will be no licensed private sellers anywhere in the province when cannabis becomes legal.

As of last week, the B.C. Ministry of Public Safety and Solicitor General had received 99 applications for retail licenses across the province, including 16 from the Thompson-Okanagan.

The province will only issue licenses after the applicant receives approval from the municipality.

Although there is a single law at the federal level legalizing cannabis, there is a myriad of laws and regulations at provincial, territorial and municipal levels across Canada. And the retail environment is different in every province and territory.

In Nova Scotia, for example, cannabis will be sold at stores located within government monopoly liquor stores.

B.C. has rejected this approach, fearing that co-location might encourage use of cannabis and liquor together, which is especially dangerous for impaired driving. The province was also concerned that a larger proportion of British Columbians would be introduced to cannabis at liquor stores.

The same disparity between provinces also exists with regard to where you can legally smoke.

Provinces such as Newfoundland, New Brunswick and Prince Edward Island, for example, will allow it to be smoked in private residences only.

Others, such as B.C. and Alberta, allow it to be smoked in some public locations, but will prohibit consumption in cars, around children and wherever tobacco is prohibited.

For the time being, Osoyoos will apply the provincial restrictions, said MacKay. Municipalities have the option to impose bylaws that go further than the B.C. Cannabis Control and Licensing Act, but MacKay said that’s something the new council will have to consider.

That law adopts the same smoking and vaping restrictions contained in B.C.’s Tobacco and Vapour Products Control Regulation, which prohibits smoking within six metres (about 20 feet) of doorways, air intakes, open windows.

“We don’t allow the smoking of any materials in our parks or any of our facilities,” said MacKay. “So for now, that’s where we’re at.”

The question of public consumption of cannabis was raised by local resident Murray McGinnity at last week’s all-candidates forum.

Most candidates said the laws should parallel smoking and alcohol restrictions, though Sy Murseli said “dope” should be barred completely from Osoyoos.

Incumbent Mayor Sue McKortoff said the new council will develop local regulations on where cannabis can be smoked.

“It takes a while for all this, but to be fair, there is no smoking or drinking in the parks,” she said. “That includes marijuana. And you cannot walk down the sidewalk and drink a beer. You cannot walk down the sidewalk and smoke marijuana.”

Candidates Brian Harvey and Myers Bennett also noted that cannabis smoking is likely to become an issue in stratas, even though stratas are self-governing and their bylaws aren’t municipal issues.

Meanwhile, mayoralty candidate Doug “Stone Dan” Pederson, who skipped last week’s forum, is gearing up to celebrate legalization. Pederson is running on a platform to make Osoyoos the home of the Pot Hall of Fame.

He’s planning a toking tour on Wednesday with pot smoking and wine tasting, even if it’s just him and a few friends.

Pederson said the tour will include a stop at the Okanagan Correctional Centre where participants will call for the release of any “potheads” and stick out their tongues before quickly leaving.

They’ll also travel to the border “to boo them and more tongue stuff” before finishing for the day, he said.

Pederson said he plans to plant cannabis seeds around the lake, “and maybe (in) the town planters.”

RICHARD McGUIRE

Osoyoos Times