City council conundrum over legal pot retailers

It is entirely understandable that some members of Hamilton city council are frustrated, even angry, with the provincial government’s plan to launch legal cannabis dispensaries.

Municipalities specifically asked for a 450-metre buffer zone around schools. Even that — nearly a half kilometre — doesn’t sound like a lot in the interests of making it difficult for underage students seeking cannabis. But the Ford government thumbed its nose to that and will impose a 150-metre buffer zone.

Towns and cities also wanted some regulatory authority. In Hamilton’s case, that would have manifested in the ability to licence dispensaries, as is the case with most other businesses. Granting a business licence, and suspending when necessary, gives local government a degree of control over where businesses set up shop and also provides a lever to influence owners who aren’t following the rules or standards.

Again, Doug Ford and friends said no, at least that’s what it looks like now. Hamilton planning chief Jason Thorne puts it this way: “It’s pretty clear, at the local level, there is going to be little to no regulatory authority.”

This arrogant approach, which is entirely insensitive to local concerns and decision-making, is pretty much how the Ford government operates. If you don’t believe that, just look at Toronto city council.

The province is also earmarking $40 million over two years to help cities deal with the ramifications of legalization. Twenty million a year for every single town and city in Ontario, and for only two years, is vastly inadequate. It doesn’t mean the money won’t be needed, it just means it will come from the local tax base. That’s called downloading, a trick Ford learned from his ideological godfather Mike Harris.

What does all this mean for Hamilton? Coun. Sam Merulla has already circulated a proposed motion that could see the city opt out of legal dispensaries until “a sustainable revenue formula is established.” Revenue sharing is certainly part of the picture, but even if an acceptable arrangement was struck, we’re still left with buffers considered inadequate by local government and no municipal oversight tools.

So what to do? As it stands now, there are up to six local councillors suggesting they will simply say no to local pot dispensaries. Municipalities are allowed to say no now and yes later on, but they can’t say yes and then reconsider down the road.

So it might make sense to say no pot stores in time for the Jan. 22 deadline. Hamilton councillors would be in good company given their colleagues in Oakville, Markham and Richmond Hill are also leaning in the direction of no.

But is that a sustainable option in terms of meeting the objectives of cannabis legalization? A key one of those is taking pot selling out of the hands of the black market, with all the security and safety benefits that go along with having a legal, regulated, inspected growing and distribution system.

Granted, consumers still have the option of ordering through the mail, presuming Canada Post isn’t disrupting the flow. But the reality is that postal delivery alone won’t meet consumer demand. That will require some storefront capacity, otherwise consumers will choose to buy from illegal sources. Saying no to legal dispensaries isn’t a sustainable option, which means Hamilton councillors have their work cut out for them.

Saying no to legal dispensaries isn’t a sustainable option, which means Hamilton councillors have their work cut out for them.