UPDATED: Marijuana plant application on hold pending court decision

Delay will ‘harm Richmond Hill community’ says proponent

Richmond Hill Liberal
May 7, 2014
By Kim Zarzour

It is still unclear whether a medical marijuana producer will be allowed to set up shop on Newkirk Road.

The question came before Richmond Hill council’s committee of the whole last night, but councillors refrained from debating the issue because it is still before the courts.

The town’s chief building official deemed indoor pot-growing an agricultural activity and ruled against allowing its production in the industrial-zoned area, specifically at the 75 Newkirk Rd. location.

Solicitor Laura Bowman said her client, Dyma Inc., has appealed that decision to Superior Court.

Dyma is a Markham-based company describing itself as a “responsible medical marijuana producer” and an applicant for a licence under Health Canada’s Marijuana for Medical Purposes Regulations.

The company has its sights set on a vacant building owned by Crestview Investment located on Newkirk just north of the GO train station in Ward 2.

The area has been zoned for industrial use since 1971, Ms Bowman said, and as such permits “the making of any product, substance or thing”.

The facility would be used to cultivate, dry, cure, test, package and store pot for pharmaceutical purposes, she said.

She asked councillors yesterday to override the town’s building chief; being forced to wait puts Dyma at a significant disadvantage, she said.

“This prevents them from getting their Health Canada permits, getting their security upgrades cleared by Health Canada under the new federal regulations, and it will also delay providing medications to people in Richmond Hill in a cost-effective way.”

Under federal regulations, she said, patients must have the medication delivered by courier directly to their homes.

“The further away it’s being couriered, the more expensive it will be for Richmond Hill patients.”

The town’s legal department told councillors yesterday they don’t have the authority to overrule the chief building official - decisions can only be changed by the courts.

“Municipal staff need to be properly informed,” Niki Spence, chief business development officer at Dyma, tweeted in response today. “Stigma of [medical marijuana] keeps staff fearful of unknown.”

In a letter to councillors, Ms Bowman said her client is interested in providing employment to the local community and intends to actively recruit from economically disadvantaged and chronically underemployed categories of individuals such as local youth.

“The facility will provide training and secure employment to a range of individuals with resulting tax and other benefits to the town,” she said. “Prohibiting and/or delaying the use of the subject site would only cause unnecessary harm to the Richmond Hill community.”