Legalization of Cannabis

This project produced the following bylaw amendments:

Cannabis (commonly referred to as marijuana) has been legal for recreational use since October 17, 2018. Previously, it was only legal to purchase and consume cannabis with a medical prescription and by mail order from a licensed producer. Legalization means that all adults 19 years of age and older will be able to purchase it for their own use.

Many of the decisions surrounding cannabis legalization were the responsibility of the provincial and federal governments. British Columbia has determined that cannabis will be sold in both publicly- and privately-owned retail locations.

Local governments, such as the City of Nelson, are responsible for the regulation of some aspects of cannabis legalization including land-use zoning and business licensing. With respect to the legalization of cannabis, the role of local government includes:

  • Retail sales: zoning and business licensing to determine where cannabis stores may be located.
  • Public consumption: identifying where consuming cannabis will be allowed in Nelson. The Clean Air Bylaw restricts where people can smoke or vape tobacco and cannabis. This includes a 7-metre buffer from commercial and public building entranceways, schools, parks, amenity areas, and transit stops.
  • Personal cultivation: the province may allow municipalities to set rules on public visibility and security requirements for growing cannabis plants at home to ensure public safety and limited nuisances (such as odours and visibility).

In order to be ready for cannabis legalization, the City of Nelson is taking the following steps to prepare:

  • Seeking feedback from the public on the areas that local government can regulate (retail outlets, public consumption, and personal cultivation).  A feedback form was distributed to all households and businesses in early February 2018.  Other public engagement events took place as well. (Complete).
  • The City and Council has implemented regulations to best meet the communities’ desires and also achieve objectives established by the federal and provincial governments (Complete).

City Council is committed to ensuring that residents and businesses in Nelson have a voice in the development of municipal cannabis regulations.