Cannabis Background

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The federal government’s Cannabis Act achieved Royal Assent on June 21, 2018. The Act makes it legal for adults in Canada to possess, grow or use cannabis for medicinal and recreational purposes from October 17, 2018.

The Province of British Columbia has published the Cannabis Control and Licensing Act (CCLA), which sets out the regulatory framework for the legal and responsible use of cannabis within BC. The Act is guided by the Province’s priorities to:

• Protect children and youth
• Promote health and safety
• Keep criminal elements out of cannabis
• Keep roads safe
• Support economic development

The Cannabis Control and Licensing Act:

• Sets 19 as the provincial minimum age to purchase sell or consume cannabis
• Allows adults to possess up to 30 grams of cannabis in a public place
• Prohibits cannabis smoking and vaping everywhere tobacco smoking and vaping are prohibited, as well as at playgrounds, sports fields, skate parks, and other places where children commonly gather
• Prohibits the use of cannabis on school properties and in vehicles
• Authorizes adults to grow up to four cannabis plants per household dwelling, but the plants must not be visible from public spaces off the property, and home cultivation will be banned in homes used for day care
• Establishes a cannabis retail licensing regime similar to the current licensing regime for liquor
• Provides enforcement authority to deal with illegal sales
• Creates a number of provincial cannabis offences which may result in a fine ranging from $2,000 to $100,000, imprisonment of three to 12 months, or both
• Where necessary, to comply with Charter Rights and human rights law, exemptions will provide to individuals who are federally authorized to purchase, possess and consume medical cannabis.

The District of Ucluelet has a number of potential roles which could include:

• Developing and amending bylaws
• Land use and zoning considerations
• Business licencing
• Monitoring, inspecting and enforcement
• Public education
• Public consultation

The District of Ucluelet’s Planning Department has developed these webpages to help you understand how the legalisation of cannabis will affect residents, businesses and visitors to Ucluelet.

These pages are intended as a resource for information on cannabis, so you can research cannabis use and legalisation. All information has been collated from official sources and includes links to the original material.

This page will be regularly updated as new information becomes available.

Protecting Youth and Children

The federal Cannabis Act and the provincial Cannabis Control and Licensing Act contain several measures that help prevent youth from accessing cannabis. Both Acts also establish new offences and strict penalties for those who use youth to commit a cannabis offence.

Restrictions designed to protect youth include:

• No person may sell or provide cannabis to any person under the age of 19
• No person shall use a youth to commit a cannabis-related offence
• Products and accessories that are appealing to youth are prohibited
• Packaging or labelling cannabis in such a way that makes it appealing to youth is prohibited
• Cannabis cannot be sold through self-service displays or vending machines
• Cannabis cannot be promoted in areas where youth will see the promotion
• Cannabis smoking and vaping is prohibited everywhere tobacco smoking and vaping are prohibited, as well as at playgrounds, sports fields, skate parks, and other places where children commonly gather;
• Cannabis use is prohibited on school properties and in vehicles

Penalties for violating these prohibitions include fines and jail sentences.

Public Health and Education

Federal and provincial governments share responsibility for overseeing the proposed new system.

The Federal government has committed to develop:

• strict requirements for producers who grow and manufacture cannabis
• industry-wide rules and standards, including:
    - types of cannabis products available for sale
    - packaging and labelling requirements for products
    - standardized serving sizes and potency
    - prohibitions on the use of certain ingredients
    - good production practices
    - tracking requirements of cannabis from seed to sale to keep it out of the illegal market
    - restrictions on promotional activities

In addition to ensuring public health through regulations and standard, the Canadian Government has committed nearly $46 million dollars for raising public awareness and educating the public on cannabis use. Much of this spending will be directed towards youth programs highlighting the health and safety risks of consuming cannabis. Youth education is a particular priority for the federal government as research shows that many young people do not understand the risks associated with cannabis use. One such current campaign is Don’t Drive High which highlights the risks of driving after taking drugs.

View the Don't Drive High Video

The Province of BC has added additional public health measures in their new laws including:

• Increasing the minimum age for cannabis possession and use to 19 years
• Prohibiting cannabis smoking and vaping everywhere tobacco smoking and vaping are prohibited, as well as at playgrounds, sports fields, skate parks, and other places where children commonly gather
• Prohibiting the use of cannabis on school properties and in vehicles
• Prohibiting cultivation of cannabis in homes used as day-cares

The District of Ucluelet will have a role in public engagement and education. The District will be working to raise awareness of cannabis without exaggerating the risks, or assuming that consumption is a completely risk free activity. Our approach will look to address local usage and concerns.

More information on the effects of cannabis on youth can be found on our Youth and Cannabis page.

Cannabis Use

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Residents

 
Residents will be able to buy, possess and grow non-medical cannabis legally from October 17, 2018, subject to the provisions in the federal and provincial legislation, as well as the District of Ucluelet's Bylaws.

Smoking Control Bylaw No. 1187, 2016

Zoning Bylaw Amendment No. 1228, 2018 

Visitors

Visitors to Ucluelet have a responsibility to understand federal, provincial and municipal regulations regarding cannabis use and possession.

Please check with your accommodation provider’s policies if you intend to use non-medical cannabis during your stay.

Travelling with cannabis across Canada’s border is, and will remain illegal. This will be the case even if you are travelling to places that have legalized or decriminalized cannabis. Transporting cannabis used for medical purposes will also remain illegal.

Cannabis and International Travel including travel to the US

Canada Border Services Agency - Cannabis Legalization

Watch the Canada Border Services Agency Video - Cannabis and the Border: Don't Travel With It

Pet Owners

The Canadian Veterinary Medical Association has issued a statement explaining that exposing pets to tetrahydrocannabinol (THC) cannabis, such as that found in cannabis used recreationally, could be life threatening for pets, requiring immediate veterinary care. Signs of excess cannabis exposure in pets include:

• Sleepiness
• Dilated pupils
• Bloodshot eyes
• Low body temperature
• Wobbling, pacing and agitation
• Sound or light sensitivity
• Inappropriate urination

Pets may inadvertently ingest cannabis that has been dropped on the ground (e.g. from discarded butts) or left out on a table or countertop.

Cannabis of any type is not approved for medical use in animals due to a lack of evidence about safe, effective dosages.

Unused cannabis or cannabis packaging should be disposed of safely to prevent harm to pets and wildlife.

Smoking in Public

Provincial law regulates smoking cannabis in public. The Cannabis Control and Licensing Act prohibits cannabis smoking and vaping everywhere tobacco smoking and vaping are prohibited, as well as at playgrounds, sports fields, skate parks, and other places where children commonly gather.

Ucluelet Smoking Control Bylaw No. 1187, 2016 bans the smoking or vaping of tobacco, cannabis and other substances in parks, playgrounds, beaches, trails or other public places, within 8m of a building opening or customer service area, and restaurants. The Bylaw enacts a $50 fine for non-compliance.

Don’t Drive High

Cannabis affects the ability to drive safely. This includes:

• The ability to stay in lane
• The ability to concentrate and react to general driving situations
• The ability to respond to situations that might require sudden braking, or adjustments to speed and following distances

Driving high can result in injury, accidents and even death. It is illegal to drive while impaired and if found guilty, could result in a criminal record, and loss of your driving licence.

New legislation for drug-impaired driving came into force in June 2018, and authorises police to use additional screening tools and blood testing.

Canadian Public Health Association: Pot and Driving FAQ

Home Cultivation

On October 17th, 2018, subject to provincial laws, adults who are 19 years of age or older will be able to grow, from licensed seed, up to 4 cannabis plants per residence for personal use. Adults will be able to make cannabis products, such as food and drinks, at home as long as organic solvents are not used to create concentrated products.

Information on safe growing methods can be found in the Government Information Bulletin: safety and security considerations when producing cannabis for your own medical purposes.

The provincial Cannabis Control and Licensing Act authorizes adults to grow up to four cannabis plants per household, but the plants must not be visible from public spaces off the property. Home cultivation will be banned in homes used as day-cares. Seeds for cultivation must be bought from a licenced non-medical cannabis retail store. Cannabis seedlings will not be available.

Additionally, home cultivation may still be prohibited or subject to additional restrictions by landlords and strata corporations under the Strata Property Act, Residential Tenancy Act, and the Manufactured Home Park Tenancy Act.

Tenants and owners of strata properties should consult strata bylaws and refer to tenancy agreements to determine if they are permitted to cultivate cannabis.

Cannabis and Youth

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Health Effects of Cannabis Use

This section addresses the effects from using non-medical cannabis. The legalisation of cannabis could make some people believe that cannabis is safe to use. It is important to understand all the health effects of cannabis and to make an informed choice with all the current known evidence around cannabis use. As with alcohol, there are negative effects that can have long term implications for health and social welfare.

The short-term effects of taking cannabis can be felt within seconds when smoking, vaping or dabbing cannabis. The effects from edibles are less immediate and can be felt within 30 minutes to 2 hours following ingestion. All effects can last for up to 24 hours. Drug testing can detect cannabis for several days following use.

Users may experience effects such as:

• Euphoria
• Relaxation
• Heightened sense of well being
• Increased sensory effects to sight, taste, smell and sound
• Increased appetite
• Decrease in blood pressure, with possible fainting
• Increased heart rate, leading to an increase risk of heart attack in people with heart conditions

Brain function may be affected with some users experiencing:

• Confusion
• Sleepiness
• Poor concentration
• Slow reactions
• Forgetfulness
• Anxiety and/or fear
• Panic attacks
• Psychotic episodes
• Paranoia
• Hallucinations

Long term users who consume cannabis daily or regularly throughout the week over a prolonged period of weeks, months or years may develop an addiction. Additionally, memory, concentration, intelligence and decision-making ability may be affected.

Lung health may be affected in individuals who smoke cannabis long term. The effects are similar to smoking tobacco and include:

• Bronchitis
• Lung infections
• Chronic cough
• Mucus buildup in the chest

The long term effects appear to be worse in individuals who started using cannabis during adolescence when the brain is still developing. Some of these effects will remain, even once an individual has stopped using cannabis.

Centre for Addiction and Mental Health: Canada’s Lower Risk Cannabis Usage Guidelines

Health Canada: Health Effects of Cannabis Factsheet

For more information on the therapeutic uses of cannabis, please consult a medical professional.

Cannabis Use During Pregnancy and Breastfeeding

Cannabis use during pregnancy and breastfeeding poses a risk to the child. Use has been linked to lower birth weights, and difficulties with learning, behaviour and mental health in later life. Recent research has also shown that both maternal and paternal cannabis use is linked to psychotic like experiences in their children.

Since there is no known safe amount of cannabis to use during pregnancy or breastfeeding, the safest approach is to not use cannabis.

Best Start: Risks of Cannabis on Fertility, Pregnancy, Breastfeeding and Parenting

Mental Health Risks in Young People

Research shows that the brain is not fully developed until around the age of 25. Cannabis use can have an impact on brain development as the THC in cannabis affects the same parts of the brain that directs brain development. Some of the harm done to the brain by using cannabis during adolescence may not be fully reversible once cannabis use stops.

In some people, cannabis use increases the risk of developing mental illnesses such as psychosis or schizophrenia. The risk increases if there is a family or personal history of psychosis and/or schizophrenia. Schizophrenia usually emerges at the end of adolescence or in early adulthood, with heavy cannabis use emerging as a direct cause. The prevalence of schizophrenia in the general adult population is 1%, which doubles to 2% in heavy cannabis users.

Frequent cannabis use has also been associated with an increased risk of suicide, depression and/or anxiety disorders.

Increased harm is likely if cannabis use during adolescence is frequent and continues over time. The younger someone starts using cannabis, the greater the risk of harm. Cannabis products with concentrated levels of THC can also increase the risk of mental health harm in adolescents.

Combining tobacco with cannabis can increase the strength of some of the psychoactive effects of cannabis and may increase the risk of developing an addiction to cannabis.

Here to Help: Cannabis and Psychosis

 Support for Parents

The 2013 BC Adolescent Health Survey indicated that 26% of youth had tried cannabis, with 14 years being the most common age to first try. Most youth obtained cannabis from youth outside of their family.

Parents can access a number of resources to help them talk to their children about cannabis.

Downloadable Resources

Here to Help – Cannabis Use and Youth: A Parent’s Guide

Drug Free Kids – Cannabis Talk Kit: Know How to Talk with your Teen

Centre for Addiction and Mental Health - Cannabis: What Parents / Guardians and Caregivers Need to Know

Canadian Public Health Association - Pot and Driving: 10 Questions for Teenagers

Canadian Public Health Association - Discussing Pot and Driving with Teenagers

Cannabis and Canada’s Children and Youth: Position Statement from the Canadian Paediatric Society

Local Support

Westcoast Community Resources Society

Tel: 250-726-2343, or visit The Hub at 500 Matterson Drive, Ucluelet between 10am and 4pm.

• Youth and Family Counselling
• Youth Outreach Services

Websites

Drug Free Kids Canada
Health Canada: How to Talk with your Teen - Communication Tips for Parents
Here to Help: Learn about Cannabis
Kids Help Phone: Cannabis Important Things to Know
Weed Myths
Canadian Paediatric Society: Marijuana - What parents need to know
Canadian Public Health Association: Pot and Driving
Government of Canada: Don’t Drive High

Cannabis Business

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Cannabis Business in Ucluelet

In Ucluelet, the production of cannabis is restricted under Zoning Bylaw 1160, 2013. The bylaw has recently been amended to define cannabis sales and cannabis production, and to clarify that these uses are not currently permitted in any zone within the municipality.

Council has adopted the recommendations in Report 18-35 that the following can be expected in future consideration of rezoning applications for cannabis sales:

a. any cannabis sales rezoning applications will be brought to Council no earlier than 90 days following the adoption of federal Bill C-45 and provincial legislation for the legal distribution and regulation of cannabis sales in BC, whichever is later;
b. Council will consider the merits of any rezoning applications for cannabis sales in the context of federal and provincial regulations, community input at a joint public hearing, and the following preliminary criteria:
     i.     on commercial property located at least 300m from school grounds, public playgrounds, licensed daycare facilities, the Ucluelet Community Centre, Ucluelet Aquarium and Municipal Hall, and at least 150m from Tugwell Sports Fields;
     ii.    low-key storefront design and signage befitting the form and character of the Ucluelet streetscape and surrounding commercial properties;
     iii.   all other aspects normally considered with a commercial rezoning application (access, location and amount of parking, landscaping, etc.);
     iv.   any components of the proposal which may help to mitigate impacts of the new use or provide a degree of public amenity to present a net public benefit to the community; and,
c. after hearing public input, Council may deny all applications or approve one or more applications up to a maximum of two cannabis sales retail locations in Ucluelet at this point in time.

The full report to Council and the background to the recommendations can be viewed here.

Prospective Cannabis Retail Businesses

The provincial Cannabis Distribution Act establishes the regulatory framework for retail of non-medical cannabis.

The Province has published online information for those considering applying for a provincial licence to sell non-medical cannabis.

The Liquor and Cannabis Regulation Branch (LCRB), previously known as the Liquor Control and licencing Branch, has responsibility for the licensing and monitoring of non-medical cannabis retail stores.

The LCRB has launched an online portal for those interested in applying for a retail licence. The portal will eventually accept online applications.

The Province will permit local governments to decide whether they wish to have a non-medical cannabis retail store in their community. Applicants for a cannabis retail licence must have a positive recommendation from the District of Ucluelet in order for a licence to be issued.

Once the LCRB has received an application for a retail store in Ucluelet, they will notify the District. If the District decides to consider the notice of application, and to provide comments, it must gather the views of residents living in the area affected by the retail store.

Local Governments’ Role in Licencing Non-Medical Cannabis Retail Stores

Licenced non-medical cannabis retailers will only be able to sell dried cannabis, cannabis oils, seeds and cannabis accessories that comply with federal rules.

Edible cannabis products are not permitted and cannot legally be sold. The federal government is still working on regulating edible products and concentrates, with more details expected in late 2019.

Commercial Cannabis Production

The Cannabis Distribution Act establishes a public wholesale monopoly for the BC Liquor Distribution Branch (LDB) to create a province-wide, wholesale distribution system for non-medical cannabis. The LDB will be the only entity that retail stores, both private and government-owned, can purchase non-medical cannabis from in BC.

The LDB will only purchase non-medical cannabis from federally licenced producers. A licensed producer holds a licence issued by Health Canada, under the Access to Cannabis for Medical Purposes Regulations (ACMPR), to produce quality-controlled cannabis under secure and clean conditions.

Applications to Health Canada to become a licenced producer undergo a rigorous review. More information on the application procedure can be found on the Health Canada: Becoming a licensed producer of cannabis for medical purposes webpage.

Cannabis FAQ

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More questions and answers will be added in response to public input over the next few months.
 

1. What will happen to stores currently selling cannabis in ‘dispensaries’ and ‘compassion clubs’ when non-medical cannabis becomes legal in October 2018.

Dispensaries and compassion clubs are not authorised to sell cannabis for medical or recreational purposes. These stores are illegally supplied and provide products that are unlicensed, unregulated and potentially unsafe. The stores are subject to law enforcement action and will remain illegal when non-medical cannabis is legalised. It will remain illegal to buy cannabis from illicit and unlicensed stores.

A list of licensed retailers will be posted on the Liquor and Cannabis Regulation Branch’s website. A licensed retailer will be required to display their licence where it is visible to the public.

2. Will I be able to buy non-medical cannabis online?

The LDB, as the public retailer for BC, will be the only entity permitted to sell non-medical cannabis products online.

3. Will I be able to grow or smoke recreational cannabis in my rented home?

Landlords and strata councils are able to restrict or prohibit non-medical cannabis smoking, vaping, and home cultivation at tenanted and strata properties.

Your strata council or landlord will be able to tell you what is permitted under the strata bylaws or tenancy agreement.

 4. I’m a landlord. Can I restrict or prohibit home cultivation and smoking of recreational cannabis on my property?

The Residential Tenancy Branch will be able to advise landlords on how to restrict or prohibit recreational cannabis use on your property by including certain clauses within a tenancy agreement.

5. Can a strata restrict or prohibit smoking or home cultivation of recreational cannabis?

Strata corporations can set rules that can restrict or prohibit smoking and/or growing of non-medical cannabis through strata bylaws in accordance with the Strata Property Act.

Strata corporations and councils should get legal advice when developing rules and penalties concerning non-medical cannabis.

6. Are there any limits on how much non-medical cannabis I can have in my possession?

Yes – the provincial government has legislated that adults aged 19 years and above may possess up to 30 grams of dried legal cannabis, or the equivalent in non-dried form in public.

The Cannabis Act developed equivalents for other cannabis products to identify what their possession limit would be. One (1) gram of dried cannabis is equal to:

• 5 grams of fresh cannabis
• 15 grams of edible product
• 70 grams of liquid product
• 0.25 grams of concentrates (solid or liquid)
• 1 cannabis plant seed

This would mean, for example, that an adult 19 years of age or older, can legally possess 150 grams of fresh cannabis (source: Department of Justice).

7. Will minors be able to go into a licenced non-medical cannabis retail store?

No – minors are not permitted in cannabis retail stores, even if they are accompanied by a parent or guardian.

8. Will adults be able to consume non-medical cannabis in the retail store?

No – consumption of cannabis is not permitted within any cannabis retail store. Stores are also prohibited from providing samples.

9. Are there any differences between medical and non-medical cannabis?

No – they are the same thing but the regulations surrounding them are different. For example, medical cannabis will continue to be sold online by federally licenced producers and will not be available at cannabis retail locations.

Medical users will also be able to buy non-medical cannabis from retailers of non-medical cannabis.

10. What is THC?

Delta 9-Tetrahydrocannabinol (THC) is the psychoactive component of cannabis that is responsible for producing the ‘high’ effect. The higher amount of THC in a cannabis product, the greater the effects on the individual. THC works on the same area of the brain that is responsible for directing brain development. The higher the THC, the higher the risk of harm occurring.

11. What is CBD?

Cannabidiol (CBD) is a component of cannabis that does not produce a psychoactive effect. There is some evidence that CBD may decrease or block some of the effects of THC when the amount of CBD is equal or greater than the amount of THC in a cannabis product.

12. Will I be able to buy edible cannabis products from licenced retail stores?

No – edible cannabis products will not be available. The Government is still looking into the regulation of edibles and is expected to allow their sale from late 2019.

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