Budding regulatory issues have Farnworth on edge
VICTORIA B.C. has put in place its final rules around cannabis, paving the way for the legalization of marijuana next week.
The government set specific new orders on store licences, fines, suspensions and places to consume cannabis as part of six new or amended provincial regulations. The rules, which follow legislation passed this spring, set the stage for the federal government to legalize marijuana on Oct. 17.
“Oct. 17 is coming and we know this is not the beginning and the end, but rather just the start of what will be an evolutionary process,” solicitor general Mike Farnworth told reporters at the legislature late last week. Nonetheless, Farnworth said he worries about “consequences we haven’t thought of ” and “issues that will spring up” once legalization occurs.
“Those are the kind of things that keep me awake at night,” he said.
“But we’ve got the legislation in place, we’ve got the framework in place. Local government, I think, has done a terrific job in terms of getting themselves ready.”
“We know it’s been a tight timeline, we know there’s local government elections.
This is the biggest public policy shift in this country in decades, so it’s exciting, but it’s like anything that’s new: there is going to be some hiccups along the way and that’s just a fact of life.”
B.C. had already set the legal age for cannabis at 19 and the maximum amount a person can possess in public at 30 grams. The new regulations set a maximum household possession of 1,000 grams.
The government has banned smoking or vaping of marijuana in provincial parks, near schools, in vehicles, on boats, near bus stops, inside public buildings and within six metres of any doorway, window or air intake.
New regulations clarify people with medical certificates for marijuana use are in some cases exempted from those bans. For example, a person could smoke on school grounds with proper medical documentation and permission from the school district. Consuming marijuana inside a motorhome is allowed if it’s being used as a permanent or temporary residence and smoking on a boat is OK if the boat is equipped with sleeping accommodations, cooking facilities, a toilet and is moored or anchored.
There will be only one store in B.C. to purchase cannabis from when it becomes legal Oct. 17: a government-run store in Kamloops. Farnworth said more than 100 private retailers have applied for licences, but they require municipal consent and local government officials have told him that’s more likely to occur quickly after the Oct. 20 municipal elections.
The new regulations are also more specific on cannabis fines. The government can, for example, levy a $230 ticket for smoking in a prohibited place (the fine is only $58 for vaping ) and $109 for smoking in a vehicle near a minor.
Private stores, once approved, will face strict licensing conditions on sales and record keeping. Separate licences are required to market and advertise cannabis. Companies that break the rules could face fines up to $100,000 and individuals could face up to 12 months’ imprisonment.
A pot shop that illegally sells, possesses or gets its supply from an unlawful source faces fines between $15,000 and $50,000, as well as licence suspensions of between 15 and 90 days depending on if they ’ve violated any other rules in the previous 12 months. Customers aren’t allowed to light up in the store after buying marijuana or the business could face up to $15,000 in fines and a 15-day suspension of its retail licence. Businesses can appeal if they think the penalty was unfair, but it comes with a $500 “reconsideration fee.”
Former B.C. health minister Terry Lake, who is now a vice-president at Quebec-based marijuana company Hydropothecary, has advised Farnworth on the marijuana framework and said while the country is a hodgepodge of different models and rules, B.C. has struck a good balance.