WHEREAS the Province, through BC Assessment, regards medical marihuana production as a farm use for assessment purposes; AND WHEREAS the Province, through the Agricultural Land Commission Act and Farm Practices Protection Right to Farm Act, includes medical marihuana production as a farm use: THEREFORE BE IT RESOLVED that UBCM request the Province amend legislation and regulations in order to remove the production of medical marihuana as a farm use in terms of taxation assessment; AND BE IT FURTHER RESOLVED that UBCM request the Province amend legislation and regulations in order to allow communities to regulate the production of medical marihuana within the Agricultural Land Reserve through land use planning provisions provided in the Local Government Act.
Ministry of Community, Sport Cultural Development The Province of British Columbia considers that the production of medical marihuana on Agricultural Land Reserve ALR lands is an allowable farm use and that local governments have the authority to regulate, but not prohibit medical marihuana production on ALR lands. The Ministry of Agriculture is in the process of developing Ministers Bylaw Standards to guide local government bylaw development for medical marihuana production facilities in the ALR. Once stakeholder input on a discussion paper has been reviewed, by the end of 2014, the Minister will consider establishing Bylaw Standards. If established, the new provisions will be incorporated into the Ministry of Agricultures Guide for Bylaw Development in Farming Areas. For the purposes of assessment, the Province has amended the Classification of Land as a Farm Regulation to expressly exclude the production of marihuana for medicinal purposes as a qualifying agricultural use. Medical marihuana production facilities will not be eligible for farm classification. The Government of Canadas Marihuana for Medical Purposes Regulations allow for the development of licensed production facilities on both provincial ALR and non-ALR lands. The Health Canada website states that Licensed producers must comply with all federal, provincialterritorial and municipal laws and by-laws, including municipal zoning by-laws. For more information, see: http:www.hc-sc.gc.cadhp-mpsmarihuanainfofaq-eng.php