Local pot rules a ways away

By Collin Gallant on October 3, 2018.

cgallant@medicinehatnews.com @CollinGallant

Marijuana will be legal for adults in two weeks but a timeline for a local bylaw regulating its public use is all over the calendar.

Estimates range as far away as early 2019 for when Medicine Hat city council might be able to consider adding further restrictions above minimum rules laid down by the province last April.

Council members on Monday unanimously rejected a proposed bylaw to see smoking cannabis restricted locally similar to existing anti-tobacco rules, though distance requirements for both would be increased.

Some council members said a majority of public feedback as well as briefs from police and school boards ask that pot use be restricted similar to alcohol, and no public use be permitted.

“It just doesn’t fit,” said Coun. Julie Friesen, who argued against the bylaw, and whose committee is charged with developing another.

“It’s an intoxicant but there are elements of smoking in it and elements similar to alcohol. After our research and talking with people, we realized we need one (bylaw) specific to cannabis that could have elements of both in it.”

On Oct. 17, Hatters will have to follow provincial standards, which were announced in April and which mimic current anti-tobacco laws for smoking cigarettes.

Insp. Brent Secondiak attended Monday’s meeting and said city police would support a pause on writing a new bylaw if it produces a better local bylaw.

“In the interim the provincial regulations will suffice,” he told reporters.

“There will be concerns from the public but it’s wise for council to be cautious moving into this because it is a contentious issue. If they wait and see what struggles develop, we’ll have a better bylaw at the end of the day.”

Possible elements of the bylaw will be discussed at council’s public services committee.

Coun. Phil Turnbull suggested the meeting should be attended by all council members, to avoid a back-and-forth between the legal department, the committee and council.

Friesen said the city solicitor needs time to determine what council wants in a bylaw, but wouldn’t estimate a timeline.

Mayor Ted Clugston predicted several months before that a bylaw could be debated by council, but supported council’s handling of the issue.

“I think the process worked,” Clugston said Monday, adding that council debated the issue in August and landed on blending cannabis into the tobacco use bylaw.

“We went with what council thought would work. (Now) we listened to what the public wanted on this and it’s not the end of the world, it’s not armageddon, there is provincial legislation that we’ll default to.”

Alberta, Saskatchewan and Ontario have all aligned cannabis restrictions with tobacco legislation — meaning it can be smoked anywhere cigarettes are allowed, mainly on private property and at least five metres from doorways of public buildings.

In Alberta, municipalities are able to write stronger usage bans but local council members claim stronger rules should have been laid down by the province to avoid confusion.

Coun. Jamie McIntosh said he doesn’t predict a large increase in marijuana use in public after Oct. 17, but the province should have had firmer rules.

“Across the province, there are so many bylaws being proposed, it is a bit of a mess and that’s thanks to the province not giving much direction about what they see for a province-wide initiative,” he said. “Municipalities are scrambling to see what’s best for their communities.”

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