Hamilton councillors want Health Canada to force cannabis grow operations to obey local regulations
Hamilton councillors want Health Canada to make sure potential cannabis grow operations follow municipal building, zoning and odour bylaws.
Last week, councillors confirmed a motion requesting that before Health Canada approves any medical marijuana grow operations, the federal ministry “respect nearby sensitive land use” and comply with all zoning and municipal regulations.
“We are not saying no, but I can tell you existing greenhouses now setting up shop have become a real issue (to neighbours),” said Glanbrook Coun. Brenda Johnson.
But Health Canada officials stated in a response to Hamilton’s motion, the federal government already requires potential medical marijuana operations to follow local municipal bylaws.
“Applicants are reminded that licensed producers are required to comply with all application provincial/territorial and municipal laws including zoning restrictions, fire and electrical safety and environmental legislation,” stated Andre Gagnon, a Health Canada spokesperson.
In addition, applicants go through a stringent review process to become licensed producers of cannabis that involves an initial screening, security clearance and follow-up inspection. The application, states Health Canada, must also inform municipalities, fire services and police where they are located.
Councillors, however, said despite the federal government’s requirements, there is no approval process for municipalities to object to licensing production at a specific location.
This is the second motion from Johnson requesting Health Canada tighten up its regulations when issuing permits to marijuana grow operations.
In July, she introduced a motion directing Health Canada to reject any application that would allow 286-288 Green Mountain Rd. and 398 Upper Centennial Parkway to receive licences to grow medicinal marijuana. She argued both properties didn’t meet Health Canada’s regulations of a 150-metre setback from sensitive areas.
Health Canada has applied a 150metre screening requirement for all new cannabis grow facilities from any existing residential uses. But city staff have stated it is not a zoning bylaw regulation.
Johnson said she has been fighting to curtail the emergence of local cannabis grow operations within neighbourhoods after Green Mountain Road residents’ negative experience with one in the area.
Homeowners on Green Mountain Road have complained about noxious odours, noise, setback issues and shootings that left bullet holes in one resident’s home. The city restricts the size of medical marijuana greenhouses to 2,000 square metres.
Hamilton police said cannabis growers at the Green Mountain Road location have licenses to grow medicinal marijuana for personal use. The law allows six licences to grow at any one location. It means a group of licence holders could grow as many as 1,000 plants.
Green Mountain Road resident Dale Biehn, who lives near Upper Centennial Parkway across the street from the Pros Golf Centre, says the “suffocating” odour of marijuana has forced his family to remain inside their house.
“This type of operation does not belong here so close to the city,” Biehn said recently. “It belongs in an industrial area.”
Johnson noted real estate websites say the greenhouses are zoned for medical marijuana production.
“In fact, they are not,” she said. “That’s the part we are really struggling with.”
Johnson said the greenhouses are not able to control odours, security or even have HVAC systems.
“They just blow off this noxious smell 10 feet from someone’s kitchen. There is no respect for setbacks, no respect for security.”