PUTTING THE CHILL ON CITY'S BUZZ KILL

If Chilliwack's mayor and council make a move to restrict medical
marijuana growers they can expect a legal challenge.

Last week city council directed staff to explore the development of a
bylaw regarding medicinal marijuana grow operations that would include
zoning restrictions.

The move came out of the Oct. 13 meeting of the city's public safety
advisory committee during which a July bylaw banning medical marijuana
in Pitt Meadows was discussed.

In July Pitt Meadows council passed a land use bylaw amendment
ensuring grow operations are not permitted as home-based businesses in
any city zone nor as agricultural operations.

But both the existing Pitt Meadows bylaw and anything on Chilliwack's
horizon will likely face constitutional challenges, according to a
Vancouver marijuana anti-prohibition organization.

"The bylaws passed by the city of Pitt Meadows are doubtlessly
unconstitutional, and will not stand up in court," said Jacob Hunter
of the Beyond Prohibition Foundation. "We are talking about sick and
dying individuals, authorized by the federal government to produce the
only medication that works for them. To further limit these patients
rights, especially without well quantified reasons, is
unconscionable."

Hunter said if the City of Chilliwack follows the path of Pitt Meadows
"it is exposing itself to significant court costs."

When asked if his organization would make a formal legal challenge in
Chilliwack if a medical marijuana bylaw was enacted, Hunter said his
foundation is "exploring such litigation along with some affiliated
organizations. If we do not challenge the bylaw, one of those
organizations will."

Gaetz said the city is aware of possible constitutional issues
association with any medical marijuana regulatory scheme.

"These are being factored into our considerations," she told the
Times. "I think it is important to point out that no decision has been
made in terms of what provisions would be implemented. It's likely
however, that the policy approach will focus on public safety."

Hunter said that public safety is not directly an issue with medical
marijuana production and that there is nothing unusual or illegal used
in such growing operations.

"The equipment and fertilizers are all commonly used items available
at most garden supply stores," he said. "Ensuring the health and
safety of medical marijuana production would be as simple as enforcing
existing electrical standards."