After toying with the idea of imposing stricter rules for the establishment of a branch of the Société québécoise du cannabis (SQDC), the Outremont borough finally decided to go further and ban the sale of cannabis throughout its territory. This decision, however, goes against the recommendations of the City of Montreal’s Legal Department, the Montreal Public Health Department and even the Urban Planning Department of the Outremont borough.
Outremont’s elected officials will be called upon to vote Monday evening on an amendment to the zoning bylaw to prohibit the sale of cannabis throughout the territory of the borough.
Last year, the SQDC announced its intention to open a branch at 1371, avenue Van Horne, this activity being permitted in certain sectors of the borough. Faced with the concern raised by the project, the borough held a consultation last month. A majority of citizens who participated in the consultation called for a ban on the sale of cannabis in Outremont, worried in particular about the presence of a branch of the SQDC near schools and daycare centres. However, this point of sale would have been more than 150 meters from schools, as stipulated in the Cannabis Act.
Faced with citizen concerns, the borough preferred to opt for an outright ban on the sale of cannabis on its territory, even though, on January 24, the SQDC had confirmed that it had given up setting up a branch in the borough. .
The particularities of Outremont
In interview at Duty, Mayor Laurent Desbois argues that Outremont has particularities that justify a ban. According to him, there is no accessibility issue to cannabis in Outremont. “There are seven SQDCs within a radius of 3.5 kilometers in Outremont,” he explains. “In addition, the SQDC offers same-day online delivery. Outremont is one of the neighborhoods best served by SQDCs in Quebec. »
In addition, adds the elected, Outremont has a high density of schools, 15 schools – soon 16 – on a territory of 4 km2. Few locations lend themselves to the establishment of a cannabis sales outlet, the borough having no industrial sector or commercial sector set back from residences, adds Mr. Desbois. “Overall, given our geographic location, the accessibility we have and the density of families and schools, we come to the conclusion that it is better to prohibit [la vente de cannabis]. By doing this, we absolutely do not prohibit access to SQDC products,” he points out.
According to the documents provided by the borough, the Legal Affairs Department of the City of Montreal does not recommend a ban on the whole territory, arguing that “there are no reasons that fall within the public interest. The Montreal Public Health Department (DSP) also expressed reservations. The existing provisions were sufficient and provided “adequate protection against the health risks posed by cannabis, particularly among young people,” she said.
And even the deputy director of the borough did not recommend going so far, particularly given the position of litigation and that of the DSP.
Several cities say no
Laurent Desbois judges, however, that the opinions submitted by the legal department and the DSP had a general scope that did not take into account the specificities of Outremont. He also claims to have received a favorable opinion from the director of the borough.
Other cities or boroughs have banned the sale of cannabis, such as the municipalities of Mont-Royal and Beaconsfield and the borough of Saint-Laurent, reports Mr. Desbois.
Anjou, for its part, has limited the establishment of a branch of the SQDC to a specific sector of its territory and Saint-Léonard has prohibited the sale of cannabis in areas where retail sale is authorized, which is similar to a complete prohibition. Other boroughs, such as Lachine and Verdun, simply notified the SQDC that they would refuse to open points of sale and did not have to modify their regulations.