ALC no longer reviewing applications to grow cannabis on farmland, leaving it up to local governments

Some B.C. municipalities are “scrambling” after the provincial government clarified that all cannabis production is a permitted farm use in the Agriculture Land Reserve.

The small wording change contained in an information bulletin released by the Agricultural Land Commission in early May means the ALC will no longer consider applications from companies hoping to grow cannabis, forcing local governments to assume that responsibility.

The Union of B.C. Municipalities was caught “flat-footed” by the change, which took effect in February, but only recently came to light, said UBCM president Arjun Singh.

“The change happened, but no one caught it,” said the Kamloops city councillor. “So there’s been a gap in terms of regulation. Local communities are scrambling to put bylaws in place, but that will take time.”

Singh fired off a letter to Forests Minister Doug Donaldson on Wednesday, asking for the rationale behind the change and the lack of consultation.

“As the ALC no longer has a vetting role in proposals for cannabis production on the ALR, it is implied that monitoring and enforcement of allowable land use will increasingly be a local-government responsibility,” he wrote before asking for clarification on how the province plans to support municipalities.

Singh later called the issue a “hiccup” in the UBCM’s discussions with the B.C. government about cannabis.

“I think they’re moving so quickly, and this is a new issue, and things got missed. I don’t think anyone meant for there to be a gap in the regulation,” he said.

Municipalities have been allowed to regulate cannabis production on ALR land since 2018, apart from a few exceptions. Marijuana production can’t be prohibited if it’s grown lawfully in an open field, in a structure that is soil-based or in an existing licensed operation, said ALC CEO Kim Grout.

Some municipalities have used their powers to limit the size of structures and prevent cannabis from being grown in industrial-style buildings with concrete floors. But some haven’t, preferring instead to let the ALC make that determination. Now, they’ll need to set their own standards, which could vary from place to place.

In a statement, the Ministry of Agriculture said the government simply clarified the cannabis policy established in 2018, calling it “housekeeping changes to remove a redundancy.”

The original policy was written in response to requests from local and First Nations governments, giving them the ability to make decisions regarding cannabis production that “align with their local planning and the priorities in their communities,” said the statement, which went on to say ministry staff are reaching out to the UBCM and the ALC to clarify that the recent change doesn’t substantially affect the policy.

Growing marijuana on farmland has long been controversial. In 2018, the UBCM asked the provincial government to put a moratorium on the use of agricultural lands to grow cannabis. In discussions, members of Metro Vancouver’s planning committee had concerns about an increase in commercial facilities in farm areas, lack of food security, policing, poor air quality, odour complaints and environmental issues.

The same concerns were discussed in 2014, when Metro’s board offered feedback to the province on medical marijuana facilities on agricultural land. It said at the time that it supported grow facilities on industrial land.

More recently, the regional district, which regulates air quality within its boundaries, has been working on regulations to deal with emissions from cannabis production facilities.

Related

• Metro Vancouver to regulate emissions from cannabis industry
• B.C. municipalities want a cannabis production moratorium on farmland
• Marijuana odour complaints on the rise in Metro Vancouver

[email protected]

twitter.com/glendaluymes