Cannabis Retail

Current Status

The RMOW currently prohibits the retail sale of cannabis through our Zoning Bylaw. We are developing a comprehensive policy framework update based on Official Community Plan (OCP) goals, objectives and policies to provide regulatory direction, guide the review of applications, and consistency in decision-making to permit cannabis retail establishments in Whistler.

Background

The Federal Cannabis Act became law in October 2018, establishing a legal framework for controlling the lawful production, distribution, sale, and possession of cannabis in Canada.

Each Province and Territory has the authority to regulate certain aspects including distribution and retail. Municipalities have the authority to further regulate certain aspects such as retail through land use and business licensing regulations and public use through smoking regulations.

In B.C., the Liquor and Cannabis Regulation Branch (LCRB) oversees liquor and non-medical cannabis regulations. These are the rules and laws that govern B.C.'s private retail sale of liquor and non-medical cannabis.

What is changing?

On December 7, 2021, Council directed staff to proceed with developing an approach to regulating cannabis retail in Whistler, including a policy framework based on OCP goals, objectives, and policies, a Temporary Use Permit (TUP) framework, bylaw amendments, and a stakeholder and community engagement strategy.

Should the Cannabis Retail Strategy be supported, applicants will be required to obtain a TUP and business licence from the RMOW, in addition to a Cannabis Retail licence from the provincial Liquor and Cannabis Regulation Branch (LCRB). The municipal approvals process is parallel to the provincial licensing process, which is similar to the approval process for liquor stores and pubs. Provincial cannabis retail referrals will only be reviewed by the RMOW after a temporary use permit has been approved.

Staff propose creating TUP areas to allow one retail cannabis location in each of Function Junction and Creekside, and two locations in Whistler Village. Another location could be considered in the Nesters Plaza. This allocation of locations will ensure access to retail cannabis for residents and visitors, while limiting proliferation. Distancing requirements between cannabis locations can be added to avoid clustering.

In addition to the Cannabis Retail Policy, updates to the following bylaws are necessary to support the regulatory framework update:

Zoning and Parking Bylaw No. 303, 2015 to update relevant definitions and to establish TUP areas where the RMOW would consider allowing cannabis retail;
Business Licence and Regulation Bylaw 2253, 2019 to establish business licence fees for retail cannabis establishments; and
Land Use Procedures and Fees Bylaw No. 2019, 2012 to update Temporary Use Permit application procedures.

Engagement with industry, key stakeholders, and the community will identify community goals and priorities for cannabis retail implementation, and the proposed regulatory scheme.

More information about the Cannabis Retail Policy and engagement opportunities will be announced in January 2022. Please check back regularly for updates on the Cannabis Retail Policy.

Frequently Asked Questions

What is a Temporary Use Permit (TUP)?

A TUP can authorize a use which does not conform to the relevant zoning bylaw. It also establishes general conditions under which the temporary use may be carried out. TUPs authorize the specific use for three years, and can be renewed once for an additional three years.

Why is the RMOW proposing to use TUPs to regulate cannabis retail?

The proposed strategy reflects an approach consistent with the community’s values and policies expressed in the Official Community Plan, including upholding the resort experience while balancing community and guest demand with community safety and a family-friendly environment.

Under the proposed regulatory system, TUP applications will be evaluated against specified conditions regarding the issue of TUPs and the OCP and recommendations will be made to Council for consideration of approval. Approval of a particular application would be conditional until confirmation of provincial approval, at which point the RMOW would be able to finalize approval and issue a business licence. This allows the RMOW to maintain discretion over the approval process and a degree of on-going oversight through permit conditions and renewal requirements.

What is the duration of a TUP?

A TUP could be issued to allow retail cannabis use for a term of up to three years. A TUP can be renewed once for an additional three-year term.

Can a TUP be revoked?

Yes, a temporary use permit or business licence for retail cannabis can be cancelled or revoked if the terms and conditions of the business licence or temporary use permit are not met or if bylaw infractions occur.

Other than a TUP, what approvals will be required for a retail licence establishment?

Applicants need a licence from the provincial Liquor and Cannabis Regulation Branch (LCRB), as well as the RMOW, to operate. The LCRB will not process a provincial cannabis retail licence application for a location in Whistler until a recommendation from the RMOW is received. Find information about the LCRB’s non-medical cannabis licences and how to apply on their website.

Applicants will require an RMOW business licence. In some cases, a Development Permit and Sign Permit may also be required.

When will these changes be taking place?

It is anticipated that engagement will begin early in 2022, with the aim of bringing the finalized Retail Cannabis Policy to Council for endorsement in spring 2022.