Councillors make good on campaign promises to disallow retail cannabis
BY VOICE STAFF
In a special Committee of the Whole meeting, held last Monday, January 14, Pelham Town Council supported a motion to opt out of allowing retail cannabis stores in the municipality.
A full gallery applauded as Mayor Marvin Junkin said, “The motion to opt in has been lost.”
Town staff, in a report presented by Director of Community Planning and Development Barbara Wiens, recommended that council opt in to allow retail cannabis in Pelham.
Resident Cheryl Crozier said, “I feel it is the right decision. Most of the people who I spoke to were not in favour. I am pleased with the vote.”
Another resident, Sidney Beamer, said she was “very glad” that council followed through, “because you can opt in anytime, but opt out only once.” The provincial funding the Town is receiving for enforcement, asserted Beamer, is “nothing.”
Town staff recommended that retail outlets be no closer than 150 metres to the community centre, or to the two Pelham Public Library branches.
In Weins’ report to council, a variety of topics were discussed, including information on cannabis legislation, the current retail situation, retail operator licences, retail manager licences, retail store authorizations, retail store requirements, the provincial phase-in process, funding, and the municipal role.
Wiens said that her research over the past months had increased her knowledge considerably about the cannabis industry.
She explained that the intent or reason behind the federal and provincial government’s decision to legalizing recreational cannabis use was to protect access to youth, provide for public health and safety, and to address the illegal or black market sale of cannabis.
“The use of recreational cannabis, particularly in the youth, has been increasing in recent years despite it having been illegal,” Wiens said. “Correspondingly, the illegal sale of recreational cannabis has also been increasing over the years, which only further benefits the illegal drug trade.”
She said the government saw legalization of use, production and retail sales as a “more effective means” of controlling and regulating access.
In her report, Wiens wrote, “The consideration of allowing retail sales of cannabis in the municipality is a controversial and polarizing issue and people bring their own biases, prejudices and morals to the discussion. Historically recreational cannabis use has had a negative stigma, however with legalization the conversation is changing and this is the beginning of a cultural shift. By comparison, we have seen the negative stigma associated with the medical use of cannabis breaking down since it was legalized in 2001 through education around the benefits of its use for certain types of illness and conditions, and as an alternative to using opioid medications for pain relief.”
Among 25 store authorizations coming in the province’s initial start to retail sales, seven were allocated to the “West Region,” consisting of Dufferin-Wellington, Hamilton, Haldimand, Norfolk, Brant, Waterloo, Perth, Elgin, Oxford, Chatham-Kent, Essex, Lambton, Middlesex, Huron, Bruce, Grey, Manitoulin, and Niagara.
In this phase, retail stores would be permitted only in communities with populations of 50,000 and greater. Due to this restriction, Wiens said Pelham didn’t qualify as potential location. Holders of a cultivation, processing, or nursery license issued by Health Canada could not apply under the lottery process.
Included in the staff report was the acknowledgment of a delegation presented by Chair of the Pelham Community Preservation Coalition, Jim Jeffs, at the December 17 council meeting, and the results of an online Town survey with just over 700 respondents.
The survey’s final question asked whether respondents supported or opposed cannabis retail stores in Pelham. Rounded to the nearest whole number 42 percent were in favour, 56 percent opposed, and 3 percent were unsure.
Councillor Mike Ciolfi questioned the accuracy of the results and how the location responses were tracked, and if it was possible the survey could have been taken multiple times. He said that anyone outside of the area could have also responded, including those working at area cannabis production facilities.
Jeffs agreed with Ciolfi by saying, “the survey itself was not well done.”
The fact the survey was available only online was another negative as Jeffs said the Town missed residents who don’t have a computer, especially seniors.
Jeffs also added that the most “valid way” to get the opinion of people is to knock on their doors.
Councillor Ron Kore was concerned that the survey and staff report showed him all the positive benefits of allowing the cannabis stores, but felt he was “missing the other side of the story,” as no negative implications were shown.
Councillor John Wink said the Town did not need any stores as the product is available for purchase through the province’s online store, and residents do travel to other larger communities such as Welland or St. Catharines on a regular basis.
The results of a Voice online opinion poll on whether retail sales should be permitted in Pelham, published on January 9, closely mirrored the Town’s results. Of 181 respondents left after non-Pelham IP addresses were eliminated, 40 percent said that sales should be allowed; 47 percent said that sales should never be permitted; and 13 percent responded that sales might be permissible in the future, but not now.
Wiens informed council that the province established the Ontario Cannabis Legalization Implementation Fund, aimed at spending some $40 million dollars over two years to help with the implementation costs of cannabis legalization.
Of the $40 million, Pelham will receive $8,838, a figure calculated on a per-household basis. Because Pelham proposes to opt out, it will instead receive $5,000 in a second payment, compared to another $8,838 if the Town opted in.
The provincial funding Pelham does receive must be used to address cannabis implementation costs, including increased enforcement, public education, increased fire and paramedic services, and municipal by-law and policy development. Municipalities will be required to report to the provincial government how they used the funding and may be subject to audit.
Town Council was to officially vote to ratify the opt out bylaw at its next official council meeting, scheduled to occur this past Monday, January 21, one day before the province’s January 22 decision deadline.
As of January 14, Wiens said that 46 municipalities voted to opt out, while 123 opted in. A municipal decision to opt in may not be revoked. However, municipalities who opt out now have the freedom to opt in at a later time.
The federal government legalized recreational cannabis use on October 17, 2018.
Council on its decision
The Voice requested comment from the Mayor and councillors regarding their unanimous decision to opt out of retail cannabis sales.
Mayor Marvin Junkin
Although I was somewhat surprised by the results—not only of the Town's poll, but also of the Voice’s poll, both of which showed the gap to be closer than I expected between those for and against retail cannabis stores in our town—I, like the rest of council, relied on the overwhelming "No" that I received from residents of the town when on the campaign trail during the last election. It must be remembered that if, in the future, the majority of the residents decide to allow these stores, then the Town can opt in. For now, I think the “No”' decision was the right one for our town, and it allows us to see what prevails in other communities that have opted in.
Councillor Marianne Stewart, Ward 1
I voted to not have retail sales of cannabis in Pelham for a couple of reasons. One reason is that while campaigning, the majority of the people I spoke with had concerns about cannabis. They were concerned about the impact the grow-ops have on our community, health concerns, smell and light spill. The other main concern was the possible issues arising from retail sales, such as extra costs for policing, ambulance services and general community safety. It seems to me that the provincial government doesn't have all of their policies and procedures in place for retail sales, so I can't in good conscience accept something that I am not comfortable with. I likely would have not had as many concerns with retail sales if the original idea of selling through the LCBO had been followed through by our current provincial government. We had been given only one opportunity to opt out of retail sales. I felt opting out was the best decision for the time being. That choice can be revisited at a later time, when we can assess the impact retail sales has on other communities.
Councillor Lisa Haun, Ward 3
Throughout my election campaign the vast majority of constituents were not in favour of having retail cannabis stores in Pelham. My role as a councillor is to represent residents and I’m following through on that. Any Pelham residents wanting to purchase cannabis from retail stores may choose to do so in larger neighbouring municipalities.
Councillor Mike Ciolfi, Ward 1
I voted no for the following reasons: Once you opt in you cannot opt out. There are too many uncertainties with how the retail stores will be handled. The costs associated with public awareness and safety if stores set up in Pelham are unknown. A majority of the residents voted against it. As for possibly opting in later, I would have to leave that decision until new information and data is collected and see how the municipalities around us who have opted in such as Welland, Port Colborne, St. Catharines, Fort Erie, and Niagara Falls handle it.
Councillor Bob Hildebrandt, Ward 3
The province has pledged $40 million over two years to help local governments with the costs of legalization. This money cannot be spent for anything other than the implementation costs directly related to legalization. If we opt in, a first payment would be issued this year on a per household basis for approximately $8,838. I do not consider this to be anywhere close to the real costs that Pelham would incur. I believe enforcement alone would cost more than what the Town would receive. Basically, I felt there are just too many unanswered questions at this stage of the game, and that Pelham’s residents were not comfortable with proceeding with allowing it to be retailed in our community. The AGCO is in control under the provincial legislation. The AGCO requires that notice of a proposed cannabis store be posted for comments from area residents and businesses. The municipality won’t have direct notification on the proposed site but can only make comments like other residents. Municipalities will not be able to appeal any retail store location granted by the AGCO. Municipalities should be allowed to increase the setback beyond the 150-metre minimum separation distance from schools and other similar facilities laid out by the province. I believe we should receive funding even if we opt out, because we still bear the costs of public education and enforcement to some extent. At this juncture I cannot conceivably support retail sales in the future, nor approve opting in.
Neither of Ward 2's councillors—Ron Kore nor John Wink—responded to the Voice's request for comment.
