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Local governments may prohibit cannabis production on Agriculture Land Reserve

Vanderhoof and Saik’uz have authority when it comes to ALR’s
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Local and First Nations governments will now be able to prohibit the production of cannabis in the Agricultural Land Reserve within their communities. (Black Press files)

With the legalization of non-medical cannabis quickly approaching, it is apparent that there are numerous questions regarding the use, distribution and production of non-medical cannabis popping up on a daily basis.

When it cones to the Agricultural Land Reserve (ALR) within the communities of Vanderhoof and the Saik’uz First Nation, however, the Ministry of Agriculture has recently cleared up some potential questions that the communities might have.

Local and First Nations governments will now be able to prohibit the production of cannabis in the Agricultural Land Reserve within their communities, unless it will be grown in ways that preserve the productive capacity of agricultural land.

This regulatory change, which is effective immediately, will give complete authority to local and Indigenous governments when it comes to prohibiting cement-based, industrial-style, cannabis-production bunkers on ALR land in their communities.

Furthermore, the Ministry of Agriculture is clarifying that cannabis production in the ALR cannot be prohibited if grown lawfully.

Some of these lawful measures include in an open field, in a structure that has a soil base and in an existing licensed operation. In addition, cannabis may be grown lawfully within an ALR if a structure that was either fully constructed or under construction — with the required permits in place — is already underway.

This coincides with an announcement made by the federal government, in which it has stated that once the federal Cannabis Act comes into play on October 17 later this year, the federal government will allow cannabis producers to grow in open fields, greenhouses and industrial bunkers.

According to the Ministry of Agriculture, this regulation will allow local governments — like the District of Vanderhoof — and First Nations to prohibit any alteration to existing structures, ultimately dictating the size and the base of any structure that will be used to grow cannabis.

Also, this regulation applies and will apply to licensed medical and non-medical cannabis facilities within the ALR. That being said, there is no biological difference between a cannabis plant grown for medical or non-medical purposes.

This new framework will allow local and First Nations governments to make decisions regarding cannabis production that will align with local planning and the priorities in their communities, something that has been of importance for the District of Vanderhoof in recent months.

Finally, this regulatory change only pertains to land within the aforementioned ALR. It will be up to the respective local and First Nations governments to regulate or prohibit cannabis production on lands outside of the ALR.