Victoria mulls places where you can smoke pot legally

Councillors act to investigate rules in other jurisdictions, including Colorado

Victoria councillors want to bring pot smokers in from the cold.

Councillors on Thursday directed staff to investigate regulations in other jurisdictions — such as Denver — and to report back on whether it’s a good idea to set up a pilot program for cannabis consumption sites.

“Victoria has been a national leader in developing regulations for the control and lawful retail sale of cannabis, and I think we should continue to be in the forefront rather than be a laggard in development of these regulations,” said Coun. Ben Isitt.

Current regulations, Isitt said, discriminate against renters and strata dwellers.

“People who are fortunate enough to have private land, own their homes, have outdoor spaces in their homes, can consume essentially without violating any regulation once Oct. 17 kicks in,” Isitt said.

“Yet, people who don’t have that luxury because of their housing choices or their housing reality, there’s nowhere to lawfully consume the stuff.”

Isitt noted that in six weeks, federal legislation will allow lawful consumption of cannabis.

But rules set by the Capital Regional District, landlords and strata associations forbid cannabis smoking in many places, both public and private.

“There’s thousands, potentially tens of thousands of apartment dwellers, strata dwellers and others who can’t lawfully consume it in their homes,” Isitt said.

The city should look at consumption sites, Mayor Lisa Helps said.

“Otherwise, there’s going to be about 10 million unintended consequences we’re going to have to deal with,” she said.

“I don’t want to be dealing with unintended consequences. I’d rather be proactive and get our staff on policy.”

In a quarterly update to council, city staff noted that a cannabis consumption pilot program would require changes to the Capital Regional District’s Clean Air Bylaw, which regulates where cannabis and tobacco can be consumed.

City clerk Chris Coates said with the provincial government’s new legislative regime governing cannabis, “it will become a little more clear what the issues are and where the gaps are.”

Coates said the current city staff work plan would allow the issue to be examined in early 2019.

In 2016, Victoria became the first municipality in the region to regulate cannabis outlets. Its rules require a retailer to first obtain rezoning, then apply for a business licence. Zoning regulations don’t allow pot shops within 200 metres of a school.

But cannabis consumption lounges are banned in Victoria and those that have opened have come under pressure from the city to close.

The municipal government in Denver opened the door to cannabis consumption lounges in February, when it granted a business licence to a coffee shop called the Coffee Joint that allows customers over 21 to vape or eat edibles that they bring to the cafe.

However, to comply with state law, the indoor coffee shop does not allow smoking and can’t sell marijuana products. Customers can buy product from the dispensary next door, which is under the same ownership.