With the Oct. 17 date for legalizing recreational marijuana less than four months away, Town of Osoyoos administration is seeking direction from council on how pot sales should be handled in this community.

A report from Gina MacKay, director of planning and development, is scheduled to be discussed at the Tuesday, July 3 regular council meeting. The outcome of that discussion was not known at the time this paper went to press. Council is meeting Tuesday instead of Monday because of the holiday.

MacKay points out that the town has several options including banning retail sales altogether, allowing sales through a government outlet only or allowing a mix of public and private outlets.

If sales are allowed, other considerations such as permitted locations, operating hours, a possible cap on the number of stores and zoning requirements would also need to be decided, MacKay said.

When administration raised the issue with council on March 19, no decisions were made on these options, though some councillors spoke in support of allowing private outlets to operate.

MacKay’s report deals with planning matters, but doesn’t address the point that provoked the biggest discussion in March – whether or not to allow public consumption.

Unlike most other provinces, B.C. will allow public consumption of marijuana anywhere that public smoking of cigarettes is permitted, with a few exceptions aimed at protecting children.

The town could, however, choose to further restrict locations of consumption.

When this issue was discussed in March, Councillor C.J. Rhodes said he likes the smell of marijuana and he compared it favourably with tobacco, which he called “incredibly offensive.”

Selling of marijuana, including from dispensaries, is currently prohibited everywhere in Osoyoos.

“Until council decides on whether to allow retail cannabis dispensaries on Osoyoos, enforcement action will be taken on any person or company that attempt[s] to open a retail cannabis business in Osoyoos ahead of it being legalized,” MacKay said in her report.

MacKay said town staff has received numerous inquiries about the possibility of establishing recreational cannabis retail stores in Osoyoos.

“Town staff will benefit from clear direction from council,” she said. “Furthermore, direction and decision is needed from council in order to implement new federal and provincial legislation.”

MacKay noted that the town’s zoning bylaw will need to be amended regardless of whether council chooses to allow sales or not.

If sales were to be allowed, the permitted zones and locations would need to be specified.

Her recommendation is that staff be directed to bring forward for council’s consideration and review a draft policy under which council would consider site-specific zoning to allow for a recreational cannabis retail outlet.

Site-specific zoning allows council to consider all issues that could be related to a specific site, such as uses on adjacent property, access, parking and other issues.

MacKay also noted that council would need to consider whether cannabis outlets should be permitted on the downtown Main Street. This street is a major attraction for residents and tourists alike, she said, and supportive policies are needed to ensure that the downtown remains the central focus of the community.

“Some may argue that the sale of cannabis is not necessarily a ‘complimentary use,’ while others will argue that it is simply another retail outlet,” she wrote.

Council should also consider whether to restrict it to only standalone buildings, which don’t share a common wall.

“Such a restriction would help prevent adjacent businesses from being impacted,” she said, adding that this would limit the number of potential sites.

MacKay noted that council might wish to consider proximity to schools, parks and other cannabis outlets.

Vancouver, for example, tolerates dispensaries even though they are illegal. They are not permitted within 300 metres of schools, community centres, parks or other dispensaries.

“Should council decide to adopt a similar strategy, the sale of cannabis would be restricted from most of the town centre area,” she said.

The report includes maps showing the impact of a 300-metre buffer from Osoyoos Elementary School and Gyro Park, which would encompass much of the downtown area.

“Given the compact structure of our community, it would therefore be prudent to consider reducing the restricted areas,” she said. “It is worth noting that if the same concept of providing a buffer area was applied to parks, much of the community would fall within an exempt area.”

MacKay noted that the town could choose to adjust the business license fee for retail outlets.

If council approves the staff recommendation, staff would prepare a draft policy on site-specific zoning, and this would come back to council for approval.

An amendment to the zoning bylaw would require a public hearing, but council in March rejected holding a separate public consultation.

RICHARD McGUIRE

Osoyoos Times