UBCM CONFERENCE CLINIC

Transcription

1 UBCM CONFERENCE CLINIC Presented by: Craig MacFarlane (City Solicitor, City of Surrey) Dan Barnscher (Deputy Fire Chief, Surrey Fire Service) September 2011 HISTORY In August 2001 Health Canada introduced Medical Marihuana Access Regulations (MMAR) Enrollment in Canada s MMAR Program: 2002 less than 100 license holders in Canada 2009 approximately 4,000 license holders in Canada 2011 approximately 10,000 license holders in Canada Applications have tripled in past 2 years to over 350/month In B.C. 1,773 medical doctors have signed 3,627 patient authorizations for MMAR licenses In June 2011 Health Canada commenced a process to reform the MMAR 1

2 CURRENT MMAR LICENSING PROCESS Medical doctor authorizes use of Medical Marihuana. Patient applies to Health Canada MMAR program for: 1. Authorization to possess Marihuana for Medicinal use 2. A License to produce Marihuana or for a License for a designated person to produce Marihuana; and/or 3. Authorization to obtain dried Marihuana from a Health Canada producer. License holder sets up a Marihuana Grow operation typically in a dwelling unit (residential setting); or License holder may seek out a designated grower; or License holder may purchase dried Marihuana from Health Canada. MMAR ISSUES FOR LOCAL GOVERNMENTS Lack of disclosure of locations of legal growing operations Lack of compliance with Zoning, Fire Code, Building Code, Plumbing Code, Electrical Code and other regulations No inspections to confirm compliance with local government by- laws and health and safety requirements Few, if any, inspections to ensure license production compliance (overgrowing) Criminal involvement in legal growing operations No remediation when growing operation ceases Currently Health Canada assumes compliance by the License holder with few inspections or other checks and balances. 2

3 DISCLOSURE Health Canada will not disclose locations of MMAR license holders to Local Governments. Legal growing operations are discovered by accident through crime stopper tips, Police actions, or the efforts of Electrical Fire Safety Teams (EFSI/ PSI). Unregulated and uninspected Legal Marihuana growing operations present the same hazards as Illegal Marihuana grow ops if not installed and operated properly. Can you tell the difference from a "Legal" Grow, and an "Illegal" Grow? Would you even suspect that either of these homes was a Marihuana Growing Operation? 3

4 ZONING Health Canada states the license holder should comply with Local, Provincial, and Federal codes and bylaws but does not require that the applicant demonstrate that the Local government has approved the growing operation at the location for which it is proposed. Reference is made on the MMAR application form to cultivating marihuana at the license holders ordinary place of residence. Currently, few legal grow ops adhere to zoning bylaws, as few local governments have bylaws that address zoning for medical marihuana production. PERMITS Few if any licensed Marihuana growers obtain permits for building or electrical alterations. Much of the electrical equipment used by MMAR licensed growers is not approved. 4

5 INSPECTIONS Non- disclosure by Health Canada leads to no permit applications. No permit applications leads to no inspections. No inspections mean increased risk to Public Health and Safety. MMAR license holders are however, subject to inspection from Health Canada at any time. (B.C. currently has 3 inspectors). LICENSE COMPLIANCE MMAR licenses are issued with restrictions as to number of plants and the amount of dried quantity at the grow location. Many medical grows have been discovered growing in contravention to the issued license. Known medical grows have been discovered with a license approval to cultivate up to 195 plants( bordering the size of a commercial operation). - Each plant can produce up to 2 Kg of dried marihuana per year meaning a growing operation of that scale would produce enough marihuana for many users. 5

6 CRIMINAL COMPONENT Licensed Medical Marihuana growers prefer the benefits of non- disclosure to minimize the threat of Grow Rips. The criminal element is attracted to the shelter of the MMAR program to produce marihuana under legal means for illegal distribution. Approved license holders have been discovered by EFSI/PSI teams with criminal records related to drug possession and trafficking. HEALTH & SAFETY ISSUES If the Marihuana growing operation is not properly installed it can lead to: Mould Poor Air Quality both inside and outside Electrical violations & Hazards Building code violations Fire code violations Chemical & Pesticide contamination Risks to children on site Risk and nuisance to neighbours Lack of disclosure or remediation prior to resale 6

7 HEALTH CANADA PROPOSAL Patients would submit a Doctor s prescription for Marihuana to a Federally- licensed commercial grower. Federally licensed commercial growers would produce a variety of Marihuana strains and be subject to Federal quality standards. Health Canada would no longer sell seeds or dried Marihuana. Personal- use and Designated- person production licenses would be phased out. Health Canada would inspect and audit licensed commercial producers. HEALTH CANADA PROPOSAL WHAT IS MISSING? No specific process to ensure that commercial producers comply with Local Government zoning, electrical, fire, health, building and other safety regulations prior to the issuance of a Federal Medical Marihuana producers license. No direction related to addressing land use conflicts, nuisances, and security/criminal activity. No mention of disclosure or law enforcement screening. No specific process indicating how a person who is prescribed marihuana for medicinal purposes would obtain it from the Health Canada commercial grower i.e., retail operation on site/ through a pharmacy/other means?? 7

8 SOLUTIONS 1) There should be a requirement for Medical Marihuana producers or processors to demonstrate the approval of the Local Government through a municipal license or permit PRIOR To Health Canada issuing a license under the Medical Marihuana Access Regulations. This will: Ensure compliance with Local Government zoning, electrical code, fire code, building code and other safety regulations; Provide disclosure and inspection compliance to ensure public health and safety; and Provide a process for site rehabilitation upon termination of the growing operation. SOLUTIONS 2) There should be a requirement for law enforcement screening and on- going monitoring of Medicinal Grow operations and individuals making application for and/or holding a MMAR license. This will: Provide disclosure Assist in preventing the criminal element from obtaining a license to cultivate Medical Marihuana for illegal purposes. Assist in preventing the criminal element from infiltrating and associating with individuals licensed to cultivate Medical Marihuana. 8

9 SOLUTIONS 3) Local Government should adopt a regulatory By- law to address public safety issues regarding cultivation of Medical Marihuana under the Federal MMAR program. This will: Ensure a process is in place that allows applicants for an MMAR license to understand local government requirements; Ensure a process is in place to allow for the review of applications and the issuance of permits where appropriate to protect the public health and safety related to MMAR growing operations and distribution; Assist in ensuring that remediation occurs when the growing operation ceases; and Ensure the general public has access to information about the role of Local Government regarding the Federal MMAR program. RECOMMENDED DIRECTION: 1) That Health Canada be requested to take immediate action to amend the Medical Marihuana Access Regulations to require: Disclosure of all current MMAR licensed growing operations; and A pre- approval process by Local Government for each new MMAR license application to ensure compliance with local government by- laws and all electrical, fire, health, building and other safety regulations PRIOR To issuance of an MMAR license by Health Canada. 9

10 RECOMMENDED DIRECTION: 2) That each local government adopt a by- law that stipulates the approval requirements for MMAR applications (City of Surrey has adopted such a by- law) and by- law amendments where appropriate to ensure that MMAR growing operations are established, maintained and decommissioned in an acceptable location and manner. 3) That Health Canada be requested to ensure that the distribution of (MMAR) medicinal marihuana is regulated to ensure reasonable access while minimizing community impacts related to nuisance and criminal behaviour. THANK YOU 10