HIGHLIGHTS
- A Justice of the British Columbia Supreme Court has held that a bylaw passed by the City of Richmond which prohibited the operation of medical marijuana production facilities on land zoned for agricultural to be invalid. The site of the facility was within British Columbia's Agricultural Land Reserve. British Columbia's Agricultural Land Use Regulations, which regulate agricultural reserves, specifically authorize the construction, maintenance and operation of greenhouses for the production of medical marijuana. The bylaw was invalid because it conflicted with the Regulations. A stop work order was set aside and building permits were directed to be issued subject to a further inspection by the City of Richmond. (0826239 B.C. Ltd. v Richmond (City), CALN/2018-023, [2018] B.C.J. No. 3052, British Columbia Supreme Court)
NEW CASE LAW
0826239 B.C. Ltd. v Richmond (City);
British Columbia SupremeCourt,
D.M. Masuhara J. (In Chambers),
August24, 2018.
CALN/2018-023 [2018] B.C.J. No. 3052 | 2018 BCSC 1438
Validity of Municipal Bylaws which Prohibit Growing Medical Marijuana — British Columbia Agricultural Land Commission Act and Regulations.
0826239 B.C. Ltd., a British Columbia corporation involved in the construction of greenhouses in which it intended to grow medical marijuana (the "Greenhouse Corporation") applied to the British Columbia Supreme Court for judicial review of the decisions of the City of Richmond ("Richmond") to refuse to lift a stop work order and to refuse to issue building permits in relation to the construction of the Greenhouse Corporation's greenhouses.
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