Cape Breton Post

CBRM following province’s lead on public consumptio­n

Local police reporting few cannabis-related incidents since legalizati­on

- BY DAVID JALA david.jala@cbpost.com

Local government is taking a wait-and-see position when it comes to where people can and cannot smoke cannabis in the Cape Breton Regional Municipali­ty.

CBRM council’s general committee made the decision on Monday to accept the province’s recently amended Smoke Free Place Act as the regulatory guide after hearing that Cape Breton regional police have experience­d very little trouble since Oct. 17 when cannabis became legal in Canada.

Prior to voting on the matter, CBRM planning director Malcolm Gillis presented a staff issue paper at the request of council that outlined three options in regard to the smoking of cannabis in public places.

“We believe it is prudent to wait before adopting a more stringent by-law,” he stated, while recommendi­ng that the committee accept the province’s Smoke Free Places Act as the regulatory regimen.

The act essentiall­y dictates that you can only smoke marijuana where you can smoke cigarettes. That is, it is unlawful to toke up in an indoor workplace or public place, outdoor licensed areas and patios, restaurant­s, lounges and cabarets. Nor is smoking permitted within four metres of windows, doors or air intake vents at places of employment. Violations could lead to fines of up to $2,000.

Gillis said the other options were to adopt a bylaw that bans cannabis smoking wherever the consumptio­n of alcohol is prohibited or to adopt a bylaw that bans cannabis in more select public places but not to the extent of alcohol.

He also put forth the argument that overly strict regulation­s would lead to added pressure on police to enforce the related cannabis laws.

“The enforcemen­t of laws intending to regulate activities that last no more than a few minutes makes for a difficult challenge,” said Gillis, adding that many area residents have nowhere else to smoke other than outdoors.

“It takes minutes to smoke a tobacco or cannabis cigarette and unless the police are already in proximity that cigarette will be butted out by the time a police officer will reasonably respond to a complaint.”

The subsequent vote saw only District 4 councillor Steve Gillespie oppose the motion that essentiall­y maintains the status quo in regard to the province’s Smoke Free Places Act. He said he does not believe that the public consumptio­n of cannabis is acceptable.

But as Chief Peter McIsaac stated — it is legal.

“The bottom line is that the government said 73 per cent of people surveyed were in favour of public consumptio­n and that is why you have public consumptio­n in this province,” he said.

McIsaac assured the mayor and councillor­s that local police are closely monitoring all things cannabis related. But he said this department has only been involved in seven incidents involving cannabis since its legalizati­on on Oct. 17. And, of those, six were minor or unfounded complaints, while only one involved impaired charges.

“Cannabis is a little different – yes, you can become impaired by it, but it’s not like alcohol,” said McIsaac.

“You can consume cannabis and basically take a puff or have a cigarette, and you’re good for the whole day – you may get the effect of it, it may give you energy and it may help you to relax, but it doesn’t necessaril­y make you impaired.”

However, while pleased with the low impact of the legalizati­on of recreation­al pot, McIsaac said police are committed to being prepared to deal with any eventual fallout.

He said his department has thus far spent close to $100,000 on cannabis-related police training that it wants to bill to the provincial government.

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