Pot bylaw outlined but not ready

By Collin Gallant on October 16, 2018.

cgallant@medicinehatnews.com @CollinGallant

A local bylaw governing where cannabis can and cannot be smoked won’t be in place on Wednesday morning when adults can legally purchase and possess the long-banned substance.

But council members, who approved the broad outlines of a local bylaw on Monday night, say public behaviour later this week could influence how the city views and debates possible exemptions in the future.

“There’s a lot of excitement and apprehension about what happens on Wednesday,” said Coun. Kris Samraj, referring to the Oct. 17 legalization date.

“For those who are excited, please be mindful that the vast majority of people are concerned about second-hand smoke.

“Just be happy it’s legal.”

Samraj is one of several councillors on Medicine Hat city council who have said public worry over what legal pot looks like may be over blown.

Coun. Jamie McIntosh said two weeks ago he doesn’t predict a “life-changing” series of events on Oct. 17, and on Monday, Ted Clugston said he preferred more relaxed standards. Both men have said they would vote in response to a wide call from the community for stricter standards.

Two weeks ago, council voted down a local bylaw that would have written cannabis into existing anti-tobacco regulations, in favour of drafting a more-restrictive bylaw, which was outlined on Monday.

“It’s based on what we heard from you (the public) and I’d like it adopted,” said Coun. Julie Friesen, who chairs the public services committee that is in charge of the issue.

“The intent is clear but there will be some detail to come.”

Similar to Calgary’s bylaw, the local one would ban the substance and lay out fines for those who smoke or vape cannabis in most public places. It also would have provision to allow special permits for outdoor events, and also provide a legal avenue for council to outline specific areas where the local bylaw would not apply.

Samraj said a sidewalk ban seems to have council consensus, but campsite and other restrictions could be up for debate.

Mayor Ted Clugston said the bylaw will reflect council’s wishes, but the stance may relax over time.

“Politics is the art of compromise,” he told reporters. “Personally I supported the (defeated) previous bylaw … but council decided to make it more strict, but I think over time it will relax.

“Wednesday might be crazy, because people may want to smoke it in public, but over time it won’t be mayhem.”

One point of debate will be whether space can be found where an exemption might be appropriate.

“I don’t think we’ll ever have an area that will be perfect for cannabis use,” said Coun. Brian Varga. “There will be some debate and battles in council before that happens.”

So where can people smoke cannabis on Wednesday morning?

RELATED: Hatters seem mostly at ease with weed legalization

On their own private property and on sidewalks at least five-metres away from a doorway, but not in businesses, public buildings, parks, or apartments and condos if the landlord or condo board has banned it.

City solicitors have argued that some facets of the act are covered in existing provincial and city legislation.

Citizens cannot smoke tobacco within 10 metres of an “outdoor public place” defined as a beach, pool, park, playground, multipurpose pad (like a tennis court or hockey rink), skate park, sports field or water park.

Offenders would be charged with fines ranging from $100 to $1,000 for a first offence to up to $2,000 for a second offence, though Medicine Hat police say they write about 100 smoking tickets in an average year.

The province also bans smoking cannabis in any vehicle, except in the case of a parked motorhome.

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