Item - 2014.PG31.1

This report is about comments on the proposed Medical Marihuana Production Facility zoning regulations received at a community consultation open house held November 28, 2013 and to bring forward to a public meeting draft zoning by-law amendments to all general zoning by-laws with industrial zones, to permit a Medical Marihuana Production Facility (MMFP).

On January 13, 2014, the Planning and Growth Management Committee adjourned its public meeting on Item PG 30.1, Zoning Changes for Medical Marihuana Production Facilities – Final Report, to the February 27, 2014 meeting with a request that the Chief Planner and Executive Director, City Planning report on a way to treat Medical Marihuana distribution facilities as a regular pharmacy.

The zoning amendment recommends where to permit a medical marihuana production facility within the City of Toronto and at the same time recognize and remain consistent with the federal regulation. The medical marihuana production facility, as defined by the federal regulation, includes producing, processing and distributing medical marihuana. These activities are considered industrial in nature within the context of the zoning by-law. In terms of distribution, the medical marihuana must be securely delivered to the address of the registered client, even if the production and distribution components were separated. There is no personal pick-up permission. This makes the option of operating like a pharmacy impossible. A facility focused solely on distribution must still operate in the same secure fashion as a production facility. A facility with no public access would be inappropriate as a commercial use in the City's CR zones as it would not contribute to the street vibrancy envisioned by the OP for mixed-use areas. For this reason, CR zones permit a mix of both residential and commercial uses in the same building. The federal regulation prohibits a medical marihuana facility in a dwelling place, making a mixed use building impossible in CR zones.