Municipal councils get tough on where cannabis can be used
St. Albert will ban all public recreational consumption of cannabis when it is legalized in October in a move that continues the fractured approach to bylaws and enforcement of Canada’s new green economy.
While the federal government has laid down a national framework, it’s up to the provinces to create rules for distribution and traffic enforcement, and municipalities are in charge of bylaws to deal with such issues of public consumption.
That means you might be able to blaze a hottie in some public places in Edmonton, but getting caught doing the same thing north of Anthony Henday Drive could snag you a ticket.
In a 6-1 decision last Monday, St. Albert councillors voted for a total public prohibition motion put forward by Coun. Ken MacKay, including a ban on edibles when they become legal in the future. It will not affect medical cannabis patients.
“I was a little surprised myself,” said St. Albert Mayor Cathy Heron.
A draft bylaw that had been under consideration would have restricted consumption of cannabis in public. It limited smoking marijuana to private homes, areas specifically reserved for smoking at an outdoor public event, or while on a sidewalk at least five metres from such places as doorways, windows, patios, parks, transit centres and many civic facilities.
It’s better to be able to loosen restrictions rather than trying to beef up bylaws after the fact, Heron said.
Originally St. Albert was going to add cannabis to its smoking bylaw and treat it the same as tobacco, but with edibles planned under a future legalization push, “we wanted to get out ahead of it,” she said.
She said the city was given advice by Alberta Health Services about developing its bylaw.
“Their advice was to go strict until we are really aware of what cannabis legalization in Canada is going to do to our society.”
In Edmonton, smoking pot may be banned within 10 metres of any bus stop, LRT station, doorway or air intake, and within 30 metres of playgrounds, spray parks, outdoor pools, sports fields, outdoor theatres, skating rinks or skate parks.
But smoking may be allowed in parks without children’s amenities, walking trails, grass utility lines, outside hospitals away from doors, any designated consumption area at a festival and on private property.
A third reading of the bylaw will go to Edmonton city council Sept. 12. St. Albert is not the only jurisdiction taking a hardline approach to public cannabis consumption in Alberta.
Here’s what else is happening around the province:
CALGARY
The city launches a public engagement period Monday to gather input about several public areas where people could smoke and vape cannabis. That’s because under the city’s cannabis consumption bylaw, consuming cannabis in public is forbidden, even after legalization.
CAMROSE
After a lengthy discussion, Camrose County council asked administration to draft an amendment to the parks control bylaw banning cannabis at public parks. The proposal will go back to council on Sept. 11 for consideration.
FORT SASKATCHEWAN
The consumption of cannabis in Fort Saskatchewan will be regulated through a smoking bylaw.
JASPER
Jasper councillors are expected to discuss the public consumption aspect of cannabis, but council voted last week to allow — pending approval by Parks Canada — pot retailers to operate until midnight and not to limit the number of stores or how close they are to each other in town.
LEDUC COUNTY/CITY OF LEDUC
No draft bylaw has been tabled for public consumption of cannabis by Leduc County. On Aug. 28 the county is expected to continue its discussion on a proposed land use bylaw that will look at everything from cannabis retail space to cannabis production facilities, storage and distribution.
The city, on the other hand, is aligning the public use of cannabis with alcohol, meaning smoking and vaping cannabis will be “prohibited in public places, which are defined in the bylaw as any property, publicly or privately owned, that the public may have access to.” Cannabis consumption will be permitted in private residences.
RED DEER
Last Monday, Red Deer city council held the first reading of its smoke-free bylaw that will “prohibit smoking or any form of consumption of cannabis in any public location,” city inspections and licensing manager Erin Stuart said.
Administration is also considering banning smoking or vaping cannabis inside multi-unit residences and the public consumption of medical marijuana as well. The city’s bylaw “is in addition to the Alberta Cannabis Act that limits smoking and vaping in locations such as playgrounds, sports fields, hospitals and schools, to name a few.”
SPRUCE GROVE
The city has yet to decide on any public consumption bylaws. However, director of planning and development Debra Irving said the city has come some distance since adopting its land use bylaw June 11. Since then, it has approved seven retail outlets in the city, she said. “Our pre-application process worked really well.”
STRATHCONA COUNTY
Strathcona County councillors had first reading of a proposed bylaw May 8 that effectively bans smoking and vaping of any substance (tobacco included) from many places that include patios, theatres, events and markets, hotel rooms and swimming pools/spray parks.
Golf courses, existing hotel rooms designated as smoking rooms and off-leash dog parks are exempt. Councillors are expected to vote on second and third reading, and it will be implemented in the fall after the provincial regulations are adopted.
REGIONAL MUNICIPALITY OF WOOD BUFFALO
Spokesman Adam Hardiman said following extensive public consultation the municipality that includes Fort McMurray voted in July to implement a total ban on public consumption.
The consumption of edibles has not been written into the bylaw because they are still illegal, but there is room to revisit the policy after the first wave of legalization, he said.
“It’s better to start from a position of prudence and see how that goes over the course of a year or 18 months, and you can always adjust later.”