Health Canada notifying municipalities

Jefferson1977

Jefferson1977

Well-Known Member
I was looking through upcoming meeting agendas for my municipal council meetings and found an item on the agenda that was interesting. Seems a neighbour of mine had Health Canada inform the municipality that he was growing in 2014 (he was mmar since 2001). They tried to tell him he couldn't grow there and needed to be zoned light industrial (due to a bylaw they passed that anyone growing medical cannabis had to be zoned light industrial) but he told them federal legislation supersedes municipal legislation. I.e. if Health Canada says you can grow it in your residence you can grow it in your residence despite what the municipality tries to say.

Anyways since then they have been hassling him non-stop. They are still trying to get him to move his grow.

Most recently they are taking him to court over a full sized shipping container they want removed, but they have been hassling him about cars etc in his yard, basically anything. We live in a rural area that the township assumed a number of years ago.

The whole reason I know about this is that he has written a letter and included it as an agenda item in the council meeting. So basically they whole world can know he is growing at that address if they happen to read the agenda of the council meeting, which sucks and imo is a huge violation of his privacy, that he has to take this issue to council. He is still fighting them on the light industrial. See why MUMS THE WORD????

Can't wait to grow my four plants so this bylaw dept. can shove it up their asses. Getting 4 plants for all my neighbours ready too :-) .
 
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Jefferson1977

Jefferson1977

Well-Known Member
I tell you what though, if someone from the municipality came around here and said that they heard I was growing I would tell them it's none of their business, I don't have to answer their questions. Right now they have this unenforceable, most probably illegal, bylaw that if you grow medically you have to be zoned light industrial. So the bylaw officers will try and come around to anyone they heard is growing medically.
 
odam2k

odam2k

Well-Known Member
Jefferson1977 said:
They tried to tell him he couldn't grow there and needed to be zoned light industrial (due to a bylaw they passed that anyone growing medical cannabis had to be zoned light industrial) but he told them federal legislation supersedes municipal legislation. I.e. if Health Canada says you can grow it in your residence you can grow it in your residence despite what the municipality tries to say.
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Actually... I just got my renewal this morning, and had browsed over the enclosed sheet that comes with it, and thought I remembered this...

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Jefferson1977

Jefferson1977

Well-Known Member
Hmm, actually check out this article. I don't know how this can be legal, sick people shouldn't have to sell their family home and relocate to a factory to grow their own medicine, and that definitely wasn't the intent of the ACMPR.

https://www.simcoe.com/news-story/8994623-court-order-to-shut-down-tay-township-marijuana-grow-op/

A court order is halting a medical marijuana grow-op at a residential property in Tay Township that has been operating in contravention of municipal zoning bylaws for more than three years.

On Oct. 24, Justice R. Cary Boswell of the Ontario Superior Court of Justice, issued an injunction prohibiting anyone from growing, cultivating, or producing marijuana at the Coldwater Road residence.

The injunction will take effect on Jan. 15, 2019, to give time for the operation to be moved to a properly-zoned area.


Tay Township does permit cannabis grow operations and processing facilities, but only in areas zoned general industrial and prestige industrial.


Marijuana has been grown at the Coldwater Road site since July 2014, in an area zoned village commercial.

Zhangjian Fan owns the property. He was found guilty for possession and production of marijuana for the purpose of trafficking in 2017 after police seized more than 1,000 plants from a grow-op in Clearview Township in 2015.

Fan leases the Waubaushene property to Van Ty Duong. Duong grows marijuana under his own federally-approved personal medical marijuana growing licence and under the approved licences of three others: Shel Bel Xin, Tho Bich Nguyen and Hai Thanh Nguyen.

Under these licences, which were issued back in 2014, all four individuals are legally allowed to grow 244 plants each.

While the licenses have been approved and the grow-op is completely legal, it does not abide by municipal bylaws. The owners are growing marijuana in a neighbourhood not zoned for that type of activity.

Duong was advised by the township that his use of the property was in violation of the zoning bylaw in April 2015. He has been resistant to continuous efforts by the township to compel him to relocate his growing operations.

In his official ruling Justice Boswell stated, “It is clear that Mr. Duong has no intention of ceasing his operation in its present location. In other words, he is thumbing his nose at the township. He has had more than three years to come into compliance with the zoning bylaw, but he refuses to do so.”
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odam2k

odam2k

Well-Known Member
They don't say that it's due to the size, but 1000 plants? I mean, I'm not one to say how many plants a sick person needs, but that does sound like an awful lot for 4 people. In any case, 1000 plants is a large grow op. I keep about 20 of my 40 allowed plants, and that's plenty in residence...

You don't see the big city cannabis lawers jumping on board here for a supreme court challenge... perhaps if it were grandma and grandpa with 8 plants...

Too bad they had to enact a law that hurts everyone when they probably did it just to target this one grower...
 
Jefferson1977

Jefferson1977

Well-Known Member
This particular one in the article applied for a re-zoning and everyone showed up to say their quality of life went down due to skunk smell. Get used to it in the summer now folks!!! I mean if you have nothing else to complain about your life really sucks. That said, use a carbon filter buddy and no one would have called the fire department in the first place (what started this in the article linked to the one above).

All that aside, this is a total violation of our rights as growers. I'm willing to bet he did not even show up to the court hearing as no counter arguments were presented in the news article (like ailing health, financial difficulties of moving etc. etc.). Anyone else heard of anything like this happening to medical growers? Good luck forcing a legit patient to shut down their medical grow.
 
Jefferson1977

Jefferson1977

Well-Known Member
odam2k said:
They don't say that it's due to the size, but 1000 plants? I mean, I'm not one to say how many plants a sick person needs, but that does sound like an awful lot for 4 people. In any case, 1000 plants is a large grow op. I keep about 20 of my 40 allowed plants, and that's plenty in residence...

You don't see the big city cannabis lawers jumping on board here for a supreme court challenge... perhaps if it were grandma and grandpa with 8 plants...

Too bad they had to enact a law that hurts everyone when they probably did it just to target this one grower...
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Everyone has a different style of growing. For example what works for you doesn't work for others and shouldn't dictate what they do. I grow 49 plants for example inside in a sea of green, or larger if I need more medicine. Who are you to say 20 plants is enough for me? Really man, think about it.
 
odam2k

odam2k

Well-Known Member
Jefferson1977 said:
Everyone has a different style of growing. For example what works for you doesn't work for others and shouldn't dictate what they do. I grow 49 plants for example inside in a sea of green, or larger if I need more medicine. Who are you to say 20 plants is enough for me? Really man, think about it.
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I'm not, which is why I said "I'm not one to say how many plants a sick person needs" and then I offered an opinion, that 1000 plants is a lot for 4 people... I AM allowed an opinion? I would love to hear the reason, but nobody is under any obligation for explain themselves to me.
 
Jefferson1977

Jefferson1977

Well-Known Member
odam2k said:
I'm not, which is why I said "I'm not one to say how many plants a sick person needs" and then I offered an opinion, that 1000 plants is a lot for 4 people... I AM allowed an opinion? I would love to hear the reason, but nobody is under any obligation for explain themselves to me.
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I was just referring to your comment that 20 plants was enough in residence, wasn't attacking you, I think if you re-read my comment above you will see that.
 
Jefferson1977

Jefferson1977

Well-Known Member
So just to be clear here, this guy I found out about in the council agenda is not the same guy posted in the article above in post #9. They are still going after my neighbour. Now they have some precedent too it looks like here in ON. I just don't see how they can force someone to sell the family farm and move to a factory just because they are sick and grow their own medicine. Fucking communists.
 
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