Municipalities will have chance to opt out of hosting retail marijuana shops

By Dave Flaherty/The Oshawa Express

As a popular song once asked, “Should I stay or should I go?”

That is the question facing Ontario municipalities when it comes to allowing private cannabis retail stores within their boundaries, but that question is being met by another question.

This summer, the new provincial government has announced some major changes in its plan to accommodate the legalization of marijuana, set to take place on Oct. 18.

Late last month, the Conservatives axed the idea of an LCBO monopoly on the sale of recreational marijuana. Instead, private operators will be given licenses to sell the product.

The province will oversee distribution and also plans to launch an online retail store in April 2019.

At the recent Association of Municipalities of Ontario conference, government officials told municipalities there would be an opportunity to opt out of hosting cannabis retail stores.

However, no details have been released on the timeline of when this decision must be made.

Mayors in Richmond Hill and Markham have publicly stated those cities would be opting out once given the chance.

Oshawa Mayor John Henry declined to predict whether the same thing would happen here.

Prior to the changes made by the Ford government, the city had held public consultations to gain feedback of where residents would prefer to see cannabis stores located.

“We were already in a process, so that is going to have to stop,” he says.

The process included an online survey as well as a public meeting where several members of the community and marijuana advocates appeared to share their thoughts. For the most part, members in attendance agreed that the province should be sticking to municipal zoning regulations when it comes to locating its future cannabis stores.

But where these stores are located isn’t the biggest worry for Henry.

“There is a lack of rules [in terms of recreational marijuana use becoming legal]. There is the challenge,” Henry says. “How do you enforce on the by-product of smoke travelling into neighbourhoods, we are still concerned.”

Oshawa’s mayor says upper levels of government need to create “rules to protect our residents.”

“I think the public needs to be heard on this,” he says.

Henry says the legalization in Canada creates challenges for those travelling abroad, namely the U.S., where laws change from state-to-state.

“We are next to New York state, there are rules as to the use of the marijuana there. I’m worried about those folks who are stopped at the border, and who was outside and someone was smoking a joint,” he says. “I have huge concerns about young people travelling across the border, and the challenges they have. They need to be aware of the consequences.”

This is not the first time Henry has voiced his unease on the road towards legal weed.

He’s questioned the costs it will mean for local police departments, and also how by-laws will relate to marijuana smoke entering into shared ventilation systems in apartment complexes.

As he is seeking the office of regional chair and CEO, Henry says all municipalities in Durham will need to “have a conversation” about their plans for retail stores.

“When you create a standard set of rules, it’s much easier for the police to enforce it,” he says.

For those wondering what his personal stance on legalization is, Henry says he is in favour of medical marijuana.

“I believe there are people out there that it makes a true difference in their life,” he says.

But he points out that his own opinions are moot at this point.

“This is a decision for the two [senior] levels of government to decide. They need to make a decision that is regulated by rules and allows municipalities to do what they need to do to protect residents,” he says.