Cannabis production, sales and use
We are currently drafting bylaws in anticipation of the upcoming legalization of cannabis in Canada. These bylaws relate to land use and zoning, retail locations and rules, and public consumption. Regulations will be tailored to best suit our community while working within the federal legislation and provincial framework.
At this time, we are not accepting rezoning or business license applications for recreational cannabis production or for the retail sales of cannabis. A public announcement will be made in advance of applications being accepted to outline the process and regulations.
On April 9, 2018, a Council report was presented, proposing upcoming Bylaw regulation amendments for Council’s consideration. The Cannabis Regulatory Options Report sought direction and input from Council for further regulations that will be forthcoming in relation to Cannabis Retail Sales in Kelowna later this spring.
- Business license applications for recreational cannabis production are not currently being accepted. We currently only license commercial Medical Marihuana Production Facilities that are Health Canada licensed and meet all federal, provincial and municipal bylaws.
- We are drafting regulations to govern cannabis production, which are anticipated to be reviewed by Council later this spring. This will include updating the term Marihuana to Cannabis in current bylaws.
- Should Council support the proposed bylaw amendments, commercial cannabis production facilities must be on a property that is zoned to allow commercial cannabis production as a permitted use. A City of Kelowna business license and a federal production license would be required. Additional requirements of the Building, Fire and Safety codes would also need to be met as part of the licensing approval process.
- We do not currently license cannabis retail sales and are not currently accepting applications for business licenses or rezoning.
- We are drafting regulations to govern cannabis retail sales, which is anticipated to be reviewed by Council later this spring.
- Should Council support the proposed bylaw amendments, commercial cannabis retail stores must be on a property that is zoned to allow cannabis retail stores as a permitted use. A City business license and a Provincial Retail Cannabis license would be required. Additional requirements of the Building, Fire and Safety codes would also need to be met as part of the licensing approval process.
Medical Marihuana Production Facilities are currently a permitted principal use in Kelowna on Industrial (I1, I2, I3 and I4) zoned properties. Producers currently licensed by Health Canada are required to meet all federal, provincial and municipal bylaws. Medical marihuana production facilities are not currently a permitted use on A1 - Agriculture 1 zoned properties within Kelowna.
- The way individuals access cannabis for medical purposes is changing. As of Aug. 24, 2016, the Access to Cannabis for Medical Purposes Regulations (ACMPR) replaced the previous Marihuana for Medical Purposes Regulations (MMPR). Bill C-45 will further amend the ACMPR regulations in summer of 2018.
- The Federal Access to Cannabis for Medical Purposes Regulations (ACMPR Regulation), Access to Cannabis for Medical Purposes Regulations and the City’s Medical Marihuana Producer Business Licence and Regulation Bylaw no. 10920 regulate the commercial production of medical cannabis that has been licensed under Health Canada and clarifies regulatory requirements within Industrial Zones in the City.
- The Federal Access to Cannabis for Medical Purposes Regulations, Narcotics Act and Criminal Code will be amended later this summer, along with the implementation of the new Cannabis Act - Bill C45 to legalize and regulate cannabis, its production and sales.
- As of Spring 2018, the Provincial legislature has yet to receive and approve legislation regarding the development and implementation of a Cannabis Retail model for British Columbia. A Provincial Cannabis Retail regime is currently under development.
- The Province of BC has recently announced that it will regulate cannabis wholesale and retail sales within the province, and allow a hybrid private/government run retail outlet model. For more information, visit the Provincial cannabis retail sales webpage.
- For information on applying for a Provincial Government Cannabis Retail license, check out the Province’s Cannabis Private Retail Licensing Guide.