Markham council bans pot smoking in public, rep asks if total ban possible

Some councillors want staff to examine ban in private homes, minimum age increase to 21, restrictions on medical marijuana

Yorkregion.com
October 17, 2018
Tim Kelly

As expected, Markham City council passed a bylaw Oct. 16 banning smoking marijuana in public places less than a day before it is officially legalized.

Council held a special meeting to make its stance official at Markham Civic Centre, passing the bylaw 11-0. Councillors Colin Campbell and Alex Chiu were absent. Neither is running for re-election.

After the provincial government allowed municipalities to pass more restrictive bylaws than the provincial law on cannabis consumption, which allows adults 19 and older to smoke marijuana wherever cigarette smoking is allowed, Markham wasted no time taking action.

While the results of the vote came as no surprise, as councillors had already voted 12-1, with only Campbell opposed, against having Markham host storefront marijuana sales, there were a few surprising developments at the meeting.

Enforcement will be dependent on York Regional Police officers and will be dealt with similar to ticketed offences under the Provincial Offences Act.

A first offence could lead to a fine of between $100 to $500, while a second offence could be met with a fine of between $500 to $1,000.

Regional Coun. Nirmala Armstrong asked if the city could investigate prohibiting marijuana consumption inside private residences.

City solicitor Catherine Conrad said, "in staff’s view a person should be able to consume cannabis within their own residence".

However, Conrad did hedge her bets by saying that, for health and safety reasons, council may be able to regulate what residents can do in their homes.

Asked about her suggestion later, Armstrong said, “I don’t think we can, but the city solicitor didn’t say yes or no. You have to take into consideration children; that’s why you have the Youth and Family Services Act. I’m concerned about children; I’m concerned about elders, people who don’t use cannabis, they’re going to be subjected to this.”

Ward 7 Coun. Khalid Usman asked if the city could raise the legal age to 21 from 19, an issue that is under provincial jurisdiction.

Deputy Mayor Jack Heath wondered if those with medical marijuana licences would and should be exempt from the bylaw prohibiting smoking of marijuana in public places.

Conrad said they would be exempt.

"It’s my recommendation that we permit the use of medical cannabis. It is medically necessary, it is permitted under federal legislation, it is regulated federally, and it is my recommendation that the exemption be kept in the bylaw," said the city solicitor.

Heath was not satisfied with that answer.

"I think we have the right to restrict it to the house," he said.

"I am aware where condo boards have tried to restrict the use of medical marijuana and they have been subject to human rights challenges," the solicitor said.

Mayor Frank Scarpitti said it was important to have the special council meeting, even though it was just days before the Oct. 22 municipal election.

"It would have been my preference not to (have the meeting so close to the election) but what dictated this was a few things: there was an overwhelming response from the community and had this (legalization) come into effect in November, we wouldn’t be holding this meeting today, but the new law comes into effect tomorrow."

As to how strong the enforcement by police officers will be, Scarpitti said he expects the demand on police forces will only increase as "has happened in almost every other jurisdiction where cannabis has been legalized".

The mayor also believes that a lot of the enforcement comes from community knowledge of the bylaw.

"Now there will be that moral suasion as people go about the community to adhere to the law, where police encounter people smoking cannabis in public places, if they’re there, they can take action."