Regulating medical marihuana production facilities in the Agricultural Land Reserve bylaw standard

On July 13, 2018, Section 2(p) of the Agricultural Land Reserve Use Regulation relating to Medical Marihuana Production Facilities was amended in advance of the federal government legalizing recreational cannabis on October 17, 2018. Specifically, the Regulation was amended to recognize that the production of both medical and recreational cannabis are a permitted farm use in the ALR that local governments cannot prohibit if produced in accordance with the Regulation.

While the Ministry recognizes that the Minister’s Bylaw Standard for Medical Marihuana Production Facilities is considered out of date given that it was created when recreational cannabis production was still illegal, Ministry staff nonetheless support the significant value in referring to this standard as guidance for those local governments looking to regulating cannabis production facilities within their communities.

The Minister of Agriculture has established a Minister's Bylaw Standard to guide local government bylaw development regulating medical marihuana production facilities licensed by Health Canada’s Marihuana for Medical Purposes Regulations and located in the Agricultural Land Reserve (ALR). The March 2015 Discussion Paper and Minister's Bylaw Standard explains the rationale for establishing this Minister's Bylaw Standard. The March 2015 document incorporated the feedback received on the September 2014 discussion paper and further analysis by Ministry staff. The definitions and bylaw criteria are in Part 4 of the document and were incorporated into the Ministry's Guide for Bylaw Development in Farming Areas.

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