The provincial Agricultural Land Commission (ALC) has declared that medical marijuana growing on agricultural land is protected under farming regulations that override the the Township of Langley’s authority.
The ALC was responding to a question from the Vancouver law firm of Bull, Housser and Tupper, which was hired by the Township to review proposed new federal restrictions on medical pot growing.
In a written assessment emailed to the Township, the law firm said the commission, which has authority over land in the protected Agricultural Land Reserve (ALR), “advised us that, in its view, the production of medical marijuana is an agricultural use permitted in the … ALR.”
The letter goes on to say that “the production of medical marijuana likely constitutes a “farm operation” because it involves the growing and production of plants and a business which produces medical marijuana likely constitutes a “farm business,” because it is a business in which one or more farm operations is conducted.”
About 75 per cent of the Township’s 316 square kilometres is within the ALR.
The legal opinion goes on to say the Townships’ ability to regulate medical marijuana growing in the remaining 25 per cent of the community is also restricted because federal law takes precedence over municipal regulations.
However, new federal laws taking effect in 2014 will impose tougher restrictions on where marijuana is grown and how it is distributed, the letter notes.
The Township does not, for instance, have to ban marijuana growing in a dwelling because the new federal law will forbid it.
The assessment was presented to the Township on March 8 but not made public until Monday, May 13.