On April 2, 2014, Toronto City Council adopted recommendations to enact zoning by-law amendments to the zoning by-laws of the former municipalities as well as the City-wide Harmonized Zoning By-law to regulate Medical Marihuana Production Facilities (“MMPF’s”) throughout the City. The zoning by-laws will be brought forward for enactment at a future Council meeting.
The amendments will apply to commercial producers of medical marihuana licenced under the new federal Marihuana for Medical Purposes Regulations (“MMPR”) and will require MMPF’s to locate in select industrial and employment areas throughout the City. In addition, the MMPF’s will be subject to 70-metre setbacks from sensitive uses such as schools, places of worship and day nurseries as well as other zones, including some industrial zones.
The MMPR were scheduled to repeal the old federal Marihuana Medical Access Regulations on March 31, 2014 under which persons authorized to produce medical marihuana were not subject to municipal zoning by-laws. A federal court in Vancouver recently granted an injunction
to prevent repeal of the MMAR until a trial resolving Charter issues is concluded. The federal government has announced it will appeal the lower court’s decision to the federal Court of Appeal seeking to overturn the injunction.
Related Blog Posts: Federal Court Extends Marihuana Medical Access Regulations; Marihuana for Medical Purposes Regulations: New Licensing Regime for Commercial Producers, Municipal Notification Requirements; Toronto - Medical Marihuana Production Facilities - Statutory Public Meeting