The first of dozens of cannabis dispensary rezoning applications in Victoria is headed to public hearing, but consideration of another will wait.
City councillors decided Thursday to forward an application for Trees, at 546 Yates St., to public hearing, while deferring consideration of a second application from Pure Releaf, for its proposed dispensary at 510-512 Yates St. — less than half a block from the Trees outlet.
Approval of both outlets would be in violation of the city’s cannabis dispensary rezoning policy, which mandates that storefront cannabis retailers must be at least 200 metres from each other.
By processing the Trees application first, the city is essentially following a “first in the door” process. The Trees application was received on Oct. 20 and that of Pure Releaf on Dec. 7.
Coun. Geoff Young said he disagrees with the 200-metre provision and the first come, first served processing.
He said there are several reasons for not wanting to approve the cannabis retailers: the fact marijuana is illegal, the potential negative effects on young users and possible contamination by pesticides.
“But we’re not using any of those reasons for not approving the second of these,” Young said. “The reason we’re giving is we can’t approve 510 Yates because otherwise the business of 546 [Yates] may not be as lucrative because they’ll be facing competition. Certainly, that will be the perception.”
Young said the policy could find the city in court.
“Eventually we’re going to have to go in front of a judge and say we think 546 Yates is a good use because it came in first and we think 510 is a bad use because it came in second,” he said. “I’m not prepared to do that.”
Coun. Pam Madoff said the policy is defensible and that proximity is essentially the only tool the city has to limit the number of cannabis retailers.
“I remember with the private liquor stores the main issue was not wanting one on every corner. It’s interesting with the cannabis dispensaries, we are actually beginning to see that as well. … It’s appropriate to focus on proximity.”
While Coun. Ben Isitt called the 200-metre rule sound policy, he said he hopes the market will limit the number of retailers.
“I think there’s probably a natural limit to how many operations this community can bear,” he said.
In the absence of promised federal regulations on marijuana, the city “can’t do nothing,” Mayor Lisa Helps said.
“We can send VicPD. They’ll reopen. Send VicPD. They’ll reopen. By setting up this regulatory regime, we actually have two tools: our land-use bylaw and our business licence bylaw,” she said.
There are 35 dispensaries operating in Victoria. Of those, 16 have applied for rezoning and 29 have applied for a business licence.
Under the process now in place, a business licence will not be issued until a rezoning has been approved.
Meanwhile, marijuana retailers are expected to come into compliance with business licensing requirements, which prohibit cannabis consumption on the premises, restrict opening hours to between 7 a.m. and 8 p.m. and do not allow anyone younger than 19 to be in the stores.
The city gave dispensaries a 60-day grace period to come into compliance with bylaws before beginning enforcement at the end of November.
So far, 12 tickets have been issued for a total of $7,750, including four no licence, seven for on-site consumption and one for being open outside permitted hours.
