The bylaw regarding Cannabis Regulations No. 8043, 2018 has a section saying retail shops cannot sell edible cannabis. I live in an apartment in New West that has a strict no smoking/vaping policy (which I am very happy about). Edible Cannabis is a work around for situations like mine – unless it will be legal to smoke on the streets (which I am assuming is not the case). I understand it has been adopted but, I still wanted to voice my opinion on it.
That was not strictly in the form of a question. But I’ll take a stab at it.
We are one day away from the legalization if cannabis in Canada, and all three levels of government have been scrambling to get a regulatory regime together. It is a challenge – this an unprecedented change in the regulation of a psychotropic drug. From a local government side, we needed to put together zoning and business bylaws to support the operation of the stores that coincide with the model that the province put together. We also have to think about the inevitable nuisance complaints we are going to receive around the legalization of what is, for all its alleged benefits or harms, a pretty stinky substance.
On edibles, our Bylaw is designed to parallel the federal regulations. There will be no legal edibles sold in Canada in 2018. I suspect this is related to a myriad of packaging and labeling concerns, and addressing the risk to children when sweets and drinks are made containing the psychoactive elements found in cannabis. There is some suggestion that they will address this in 2019, but until then, dried product intended for smoking is the only legal form of recreational cannabis.
Your point about Strata rules prohibiting the smoking of cannabis is definitely a concern. With the existing prohibitions around public smoking – no smoking in parks, in bus stops, 7.5m from the door to any public building, or inside any business or public building – you are right that there will be limited places where it is legal to smoke cannabis. Unlike alcohol, you will not be able to go to a business (like a pub or coffee shop) to smoke, but you will be able (as best I can tell) to smoke on the sidewalk or the street, as long as you are not within 7.5m of a door or air intake. Still, if you are restricted from smoking at home because of strata or rental rules, your opportunities are really limited. This creates a fundamental unfairness – this completely legal product will be inaccessible to some.
I honestly don’t know how to address this and remain compliant with the various laws at all three levels of government. If you have the skills, I suppose you could bake your own edibles using the dried product meant for smoking (I don’t think that would strictly be illegal, as long as you don’t sell the baked goods). Or you can wait until the federal government gets the edibles part figured out. The transition to this new regime is going to be challenging for several reasons.
As a city, we tried our best to put together a comprehensive set of regulations. We had a few workshops with Council and staff, and heard from the public and stakeholders in the industry. After some pretty challenging debates around what the limits should be, we settled on what will no doubt be an imperfect regime, but we will learn as we go along. We will be ready to accept applications for cannabis retailers as soon as legalization occurs on Wednesday, but as the process to get a store approved and operating may still take several months, don’t expect to be buying cannabis in New West until early in 2019.
Update: Time between the legalization of cannabis and the first e-mail complaint received by Mayor and Council abut having to smell the smoke in a public place: 16 hours.