Therefore be it resolved that UBCM request that the Premier of British Columbia and the Minister of Agriculture place a moratorium on further use of Agricultural Land Reserve lands to grow recreational cannabis while it performs a minimum of six month review and broad consultation with farmers, local governments, industry and the public on the use of Agricultural Land Reserve lands for the growth and production of marijuana.
Ministry of Agriculture In response to the federal legalization of non-medical cannabis, and concerns from local governments, the Province amended the Agricultural Land Use, Subdivision and Procedure Regulation the Regulation on July 13, 2018. Prior to July 13, 2018, local and first nation governments had no authority to prohibit commercial medical cannabis production on the Agricultural Land Reserve ALR within their jurisdictions. This regulatory change, effective immediately, gives authority to local and Indigenous governments to prohibit cement-based, industrial-style, cannabis-production bunkers on ALR land in their communities, while clarifying that cannabis production in the ALR cannot be prohibited if grown lawfully: - in an open field; - in a structure that has a soil base; - in a structure that was either fully constructed or under construction, with required permits in place, prior to July 13, 2018; or - in an existing licensed operation. Local and first nation governments can now prohibit certain methods of cannabis production on the ALR in their jurisdictions. Specifically, local and First Nations governments can prohibit cannabis production in the ALR in new concrete-floored structures or any structures that are not entirely soil based. This includes new concrete-bunker style facilities and greenhouses that are not entirely soil based. The Province recognises that many communities view such structures as inappropriate for the ALR. The amendment also means that local and first nation governments cannot prohibit operation of an existing cannabis facility that pre-dates the amendment, was under construction at the time of the amendment, or the transitioning of cannabis into an existing building, which had been used for the purpose of growing crops inside it. Local governments continue to have the ability to regulate or prohibit cannabis production on other land in their communities. The Agricultural Land Commission ALC is the independent administrative tribunal that administers the Agricultural Land Commission Act and is also available to address questions related to the amendment. The ALC has released an information bulletin describing their interpretation of the Regulation in relation to cannabis.