Town of Strathmore cannabis bylaw not passed – yet

By Miriam Ostermann, Associate Editor

The night Canadians indulged in legal recreational cannabis use for the first time on Oct. 17 – when Canada became the second country in the world and first G7 nation to permit a legal national marijuana market – Strathmore failed to pass its Smoking Bylaw and subsequently its Cannabis Consumption Bylaw.
While first and second reading of Bylaw 18-21 – Smoking Bylaw passed with a majority vote, it was Strathmore town Councillor Jason Montgomery’s opposing vote that defeated the motion by not obtaining unanimous consent.
As a result, council was unable to move forward with Bylaw 18-22 Cannabis Consumption Bylaw. Strathmore remains without municipal bylaws to address the consumption, sales and production of cannabis for four weeks until the bylaw can be brought back to the next regular council meeting on Nov. 14.
The situation prompted council to hold a special meeting on Oct. 24 to revisit the regulations.
“I know that today is the day of legalization of cannabis in Canada and I just wanted to explain that Strathmore is very much aware of it and involved in it, and we’re looking for and going through a reasonable process,” said Strathmore Mayor Pat Fule on Oct. 17. “We want to hear our citizens and hear everyone involved. We have decided that it’s a discretionary use and we feel that everyone should have an opportunity to speak and be heard. We are in the process of moving forward but we also want to do our due diligence and do the right thing for the vast majority of the public in Strathmore.”
Under the Justin Trudeau government, the push for legalization of marijuana was aimed at keeping the drug away from youth and reducing related crimes. As such, the federal government created a legal framework to control the production, sale, distribution and possession of cannabis to keep cannabis away from youth, to deter profits from entering the pockets of criminals, and to protect public health and safety.
The legislation states anyone over the age of 18 is legally able to possess up to 30 grams of legal cannabis, dried or equivalent in non-dried form in public, share up to 30 grams of legal cannabis with other adults, buy dried and fresh cannabis and cannabis oil from provincially-licensed retailers, make cannabis products at home and grow up to four cannabis plants per residence for personal use (grown from licensed seed or seedlings). The regulation also outlines amounts for possession, criminal penalties that range from warnings and tickets for minor offences to criminal prosecution and imprisonment. According to the Cannabis Act, two criminal offences related to providing cannabis to youth – either giving or selling to youth or using a youth to commit a cannabis-related offence – is associated with maximum penalties of 14 years in prison. New provisions to address drug- and alcohol-impaired driving have also been created. The Cannabis Act, or Bill C-45, was first introduced in April of 2017 and was passed in the House of Commons in November. On Oct. 17, recreational marijuana use became legal with the passing of the bill by the senate, making Canada the second country to legalize recreational marijuana use next to Uruguay who legalized production, sales and consumption in December 2013.
Medical marijuana use was legalized in Canada in 2001, and those with authorization of their healthcare provider are allowed to continue their current regime for medical cannabis.
While the licensed production of cannabis is controlled by the federal government, distribution and sale of cannabis is within the purview of provincial governments. Alberta focuses on four policy priorities: keeping cannabis out of the hands of children; promoting safety on roads, workplaces and in public space; limiting the illegal market for marijuana; and protecting public health. Alberta and Quebec are the only provinces to establish the legal age for cannabis at 18; it’s 19 everywhere else in Canada.
Although much legislation already surrounds the legalization of marijuana, Strathmore also has authority under the Municipal Government Act (MGA) for regulation and is able to pass a bylaw for municipal purposes in order to protect its residents and their property in, on or near public spaces.
Town of Strathmore administration began research and engagement in November 2017, held a marijuana regulations public open house on May 24, heard recommendations from Alberta Health Services at the Sept. 12 regular town council meeting and discussed the Cannabis Consumption Bylaw on Oct. 10. According to administration, the bylaw aligns consumption of cannabis with the regulations around the public consumption of alcohol. While there is no municipal bylaw as it’s provincial jurisdiction, the municipal Cannabis Consumption Bylaw resembles the Smoking Bylaw for enforcement purposes.
The Smoking Bylaw and Cannabis Consumption Bylaw underscore Strathmore’s stance on penalties and enforcement – including a fine of up to $10,000 in violation of the bylaw – signage, zoning and odours.
Montgomery questioned specifications around signage, the reality of enforcing the bylaw and odour complaints. But overall he stated the bylaw exercised too much power.
“I believe this bylaw totally overreaches on what our responsibility and duty should be; I believe that government has a duty and responsibility to protect people from each other, but not people from themselves,” he said. “I could support it if it was saying that you couldn’t smoke within 10 metres of a person who didn’t want to be exposed to smoke; but the idea that we should be able to say that somebody can’t go out in the middle of field and smoke a cigarette, I just I can’t kind of get behind that and for that reason I won’t be supporting this.”
Councillor Diane Peterson agreed enforcing the bylaw would prove difficult. While she voted against the bylaw during second reading she voted in favour of unanimous consent. However, with Montgomery’s opposing vote of 6-1 in favour, the Smoking Bylaw was not passed. Council held a special meeting on Oct. 24 to revisit the bylaws; the results of that meeting came too late to meet the Strathmore Times press deadline.