Unveiling the Green Debate: Is Cannabis Production Farming or Industry?

When it comes to cannabis production, a fundamental question arises: Should it be classified as traditional agriculture or treated as an industrial endeavor? This distinction may seem straightforward, but in reality, it's a topic filled with complexities and implications for rural areas like Clearview Township in Ontario, Canada.

In this blog post, we'll delve into the nuances of this debate and explore how Clearview Township and similar communities are grappling with the rapid growth of the cannabis industry. We'll break down the key issues, hear from stakeholders, and examine the efforts made to strike a balance between economic opportunities and preserving the rural way of life. So, let's embark on this journey to understand whether cannabis production is essentially an agricultural practice or an industrial operation.

To answer this question, I decided to analyse one of the public consultation sessions that happened in Clearview for the creation of Cannabis bylaw:

Public Engagement Initiative Selected: The chosen initiative for public engagement involves the creation and approval of Cannabis Regulation in the rural areas of Clearview Township. Clearview is a rural incorporated township located in Simcoe County, Central Ontario, Canada. It is situated close to Barrie and south of Collingwood within Simcoe County. Notably, the Official Plan and Zoning By-law in Clearview thin currently lack specific rules governing the operation of the cannabis industry.

Background: For residents residing on or near properties with agricultural zoning, there is a desire for regulations imposed by higher levels of government to provide protections against potential land use impacts resulting from cannabis production and processing activities. It's important to note that the Cannabis regulation has already been created, and the associated activities are no longer a contentious issue. However, the discussions and arguments that took place during this meeting highlighted the significance of public consultation, emphasizing the fundamental right of every individual to be heard. Identification of Stakeholders/Interested Persons: In this section, we identify the key stakeholders and individuals with a vested interest in the project:

Mayor of Clearview: Doug Measures
Deputy Mayor: Barry Burton
Senior Planner: Mara Burton
Councilors: John Broderick, Phyllis Dineen, Robert Walker, John Lamers, Doug McKechnie
Representatives of the Residents: Chris Skelton & Kevin Elwood

Stakeholder Interests: Various groups and individuals are directly impacted by or have an interest in this project:

Residents: The residents of Clearview Township, particularly those living on or near properties with agricultural zoning, are deeply concerned about the potential impacts of cannabis production and processing on the rural landscape. They have a keen interest in preserving the natural character of the area.
Agricultural Community: The agricultural community in Clearview Township plays a significant role in the region's economy and tradition. They are invested in ensuring that any regulations and land use policies consider the unique needs and character of their agricultural practices.
Indigenous Community: The indigenous community is aware of the issues surrounding cannabis regulation in rural areas and is engaged in the discussions, potentially due to their interest in the broader implications for the region.

These stakeholders represent diverse perspectives and interests, making it crucial to engage in a comprehensive public consultation process to address their concerns and find common ground.

To analyse the level of engagement and the dynamics of the discussion about the cannabis production in Clearview and the effect of these activities on the daily life of the local community, I decided to use the AIP 2 method: INFORM, CONSULT, INVOLVE, COLLABORATE and EMPOWER. Let's Start!

INFORM - An Overview of the Project: Since 2018, the cannabis industry has experienced exponential growth, leading to a significant challenge for many municipalities across Canada. These municipalities are rapidly working to create policies and regulations to effectively control the use of rural lands for this emerging industry. The issue at hand is complex, with each municipality needing to evaluate its unique circumstances. In response to this challenge, exhaustive surveys have been conducted in approximately 40 municipalities throughout Ontario. These surveys aim to establish regulations that address the specific requirements of the cannabis industry. It's important to note that while most municipalities around Clearview have taken action to regulate cannabis production and operation facilities, many rural communities remain divided on the issue of indoor and outdoor production facilities. The primary objective of this project is to create comprehensive Cannabis production regulations that strike a balance between supporting the industry's growth and safeguarding the traditional rural activities and the quality of life for residents. Key considerations include addressing concerns related to odor, traffic, and lighting.

Proposed Solutions: To address the challenges posed by cannabis production in rural areas, several potential solutions have been identified:

Create an Interim Control By-law: Implementing an interim control by-law can provide temporary regulations while further research and public meetings are conducted. This allows for a more informed decision-making process.
Conduct Research: In-depth research is essential to understanding the implications of cannabis production on rural communities. This research should cover various aspects, including economic, environmental, and social impacts.
Determine Industrial vs. Agricultural Activity: It's crucial to classify cannabis production as either an industrial or agricultural activity. This classification will significantly impact how it is regulated and where it is permitted.
Public Consultation: Engaging in extensive public consultations is essential to gather input from residents and stakeholders. These consultations will help shape the final regulations and ensure that the community's voice is heard.

Ultimately, the goal is to strike a balance that accommodates the growth of the cannabis industry while respecting the needs and concerns of the rural community and residents. CONSULT - Main Complaints from Residents:

The primary concerns and complaints raised by residents of Clearview Township regarding cannabis production facilities include:

Changing Rural Agricultural Character: Residents have expressed unease about how cannabis production facilities are altering the traditional character of the rural agricultural area. Land use is typically determined by zoning regulations, and when the zoning designates an area for agriculture, cannabis production is considered an agricultural activity. While there may be nothing inherently wrong with this industry in Clearview, residents are particularly concerned about the visual impact of the buildings associated with cannabis production.

Complaints from the Agricultural Community:

Security Concerns: The agricultural community has raised concerns about the stringent security measures required by Health Canada licensing for cannabis production. They liken the high level of security to that of a prison, which is a significant departure from the appearance of traditional agricultural production facilities. This level of security also contributes to light pollution.
Impact on Agricultural Land: The possibility of waste generated by cannabis production affecting adjacent agricultural lands is a major concern. Additionally, it has been noted that indoor cannabis production does not use native soil, which distinguishes it from traditional farming practices.

Complaints from Residents: Chris Skelton and Kevin Elwood, representing 115 families, have voiced their concerns through various means, including emails, letters, and phone calls. Their main complaints are as follows:

Increasing Traffic: The operation of cannabis facilities has led to increased traffic to and from these facilities, which residents find disruptive and burdensome.

Resident Representative 01: Chris Skelton emphasizes that rural areas across the province and the continent have witnessed significant growth in Canada's production and processing facilities for cannabis. While this growth has brought economic benefits and job opportunities, it has also resulted in conflicts due to various issues, including odor, noise, light pollution, and increased traffic. Commercial cannabis growing and processing, permitted under agricultural zoning, covers a majority of the township, making Clearview an attractive destination for licensed cannabis entrepreneurs.

Resident Representative 02: The calculation of distance separation has raised concerns, as it does not account for the powerful odor emanating from cannabis production facilities. Furthermore, cannabis production generates significant nutrient-rich solid and liquid waste, which, according to residents, should be subject to compliance with a nutrients management plan. However, the existing regulations only apply to livestock waste.

In conclusion, residents believe that the municipality is in a unique position to protect their interests while accommodating the growth of the cannabis industry. They request that the council carefully consider the compelling information presented by the local community during the meeting and recognize the need for time to prepare for the industry's growth. Additionally, they request that the planning department develop a comprehensive land use study pertaining to cannabis production and processing.

INVOLVE - Roles of Key Stakeholders: Planner: Mara Burton, a planner in Clearview Township, emphasized that the process of implementing new by-laws and regulations takes time. She pointed out the importance of conducting another public consultation before finalizing these regulations. Planners have been actively studying two options for regulating cannabis facilities' operation in Clearview:

Option 01: This option focuses on exempting legally established facilities. In other words, facilities that are already in operation and wish to make alterations or additions would still be able to do so within the framework of the regulations.

Option 02: This option applies to all facilities, including expansions of existing legally established facilities. It seeks to establish comprehensive regulations to govern all aspects of cannabis production and processing facilities.

Additionally, when Clearview Township receives notice that an individual or entity is considering establishing a cannabis growing operation, planners arrange a pre-consultation with them. During this meeting, they provide a detailed explanation of the rules and regulations applicable in Clearview. To proceed, the prospective operators must enter into a site plan agreement that requires approval from the planning department. This approach helps ensure that new facilities align with the established regulations. Mara Burton acknowledged that, in the past, cannabis production facilities in Clearview were allowed to operate on an uncontrolled basis. However, it has become evident that there are no provisions addressing issues such as storage, signage, minimum distance requirements, setbacks, and separation.

Councilors: The councilors expressed concerns about the absence of regulations to control cannabis activities in Clearview. They feared that individuals with licenses could come to Clearview to establish cannabis growing operations without any oversight or control. This lack of control could lead to an influx of such operations, making it challenging to monitor and manage them effectively. In summary, both planners and councilors are actively engaged in developing regulations to address these concerns and ensure that cannabis production and processing facilities in Clearview Township are properly regulated and managed. COLLABORATE - Leadership and Equity: Mayor's Perspective: The mayor of Clearview Township highlighted the presence of a couple of successful large cannabis operations within the community. He commended these operations for their recognition of the importance of engaging with and working alongside the local community. He emphasized that collaborating with the community is a crucial step towards achieving compliance and ensuring the responsible operation of these facilities. The mayor specifically mentioned that these operations have implemented measures such as scrubbers to mitigate potential environmental impacts. While he acknowledged that these operations may not be perfect, he emphasized that they represent a significant improvement over illegal operations.

Additionally, the mayor shared his perspective on equity, comparing it to health. He noted that achieving equity is an ongoing process that requires continuous effort and is not a destination that can be reached once and for all. This sentiment underscores the importance of fostering a culture of inclusivity and fairness in the community's public engagement efforts.

EMPOWER - Methods of Engagement and Community Response: The engagement method chosen for this public consultation was conducted online, reflecting the evolving landscape of public participation in the digital age. The session was designed to facilitate constructive dialogue and decision-making regarding the regulation of cannabis activities in Clearview Township. Key participants included:

Counselors: The counselors organized the session and played a pivotal role in inviting two residents to represent the concerns and perspectives of 115 local families. They also reviewed and presented letters and emails from residents, which contributed to the discussion.
Legal Expertise: Konstantin Strava, a legal expert, was present to provide legal insights and define the available legal possibilities for regulating cannabis activities in Clearview. His input was valuable in navigating the regulatory framework.
Planning Expertise: Mara Burton, the planner of Clearview Township, delivered an informative overview of the existing regulations governing rural areas. Her presentation shed light on the urgency of addressing the cannabis-related issues at hand.
Mayoral Perspective: The mayor of Clearview Township provided an overarching perspective on the current state of cannabis activities within the community. He outlined the next steps to be taken in the discussion and approval of the new Cannabis by-law.

Cannabis production is fundamentally regarded as an agricultural endeavor. However, there is a pressing need for urban planners to undertake a comprehensive review of current municipal by-laws and formulate new regulations that clearly demarcate the boundaries between the cultivation of cannabis as agricultural activity and the manufacturing of cannabis-derived products, such as gummies, vaporizers, and CBD oil.

Bibliography:

Fierman, J., Devastely, K., and Welsch Sveen, L. (2023). "Equitable Community Engagement Requires Learning, Self-Reflection, and Transparency: Five Ways planners, engineers, and other allied professionals can establish a long-term, measurable approach to equitable planning."
"Authenticating Public Consultation: Colleen Hardwick at TEDxBelfast – Trust in Government to do what is right." Watch on YouTube
Biggs, D. (2016, March 14th). "What I learned when an angry group destroyed my public meetings." Planetizen.
Sarkissan, W. (2013). "Notes for Facilitators and Recorders."

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