+ RMA Rural Municipalities
of Alberta

Resolution 8-18F

Restricting the Consumption of Cannabis based on Regulations for Liquor Consumption

Date:
November 21, 2018
Expiry Date:
December 1, 2021
Active Status:
Active
Sponsors:
Thorhild County
District:
3 - Pembina River
Year:
2018
Convention:
Fall
Category:
Health
Status:
Sent to Government
Vote Results:
Carried
Preamble:

WHEREAS Bill 26, An Act to Control and Regulate Cannabis, received Royal Assent on December 15, 2017; and

WHEREAS Bill 26 has amended the Gaming and Liquor Act to the Gaming, Liquor and Cannabis Act; and

WHEREAS Bill 26, Section 90.28 states “no person may smoke or vape cannabis in any area or place where that person is prohibited from smoking under the Tobacco and Smoking Reduction Act or any other Act or the bylaws of a municipality”; and

WHEREAS secondhand cannabis smoke can harm nonusers; and

WHEREAS consumption of cannabis will have similar effects as consumption of alcohol; and

WHEREAS the consumption of cannabis should be prohibited in areas frequented by the general public and especially by children; and

WHEREAS Alberta Health Services recommends that municipalities implement regulations banning consumption in public places, as well as for public intoxication; and

WHEREAS the Government of Canada has implemented an advertisement slogan (“#don’t drive high”) which amplifies the issue of the consumption of cannabis while driving;

Operative Clause:

THEREFORE, BE IT RESOLVED that the Rural Municipalities of Alberta request that the Government of Alberta amend Section 90.28 (a) of An Act to Control and Regulate Cannabis to reflect that no person may smoke or vape cannabis in any area or place where that person is prohibited from consuming liquor under the Gaming, Liquor and Cannabis Act or any other Act or the bylaws of a  municipality.

Member Background:
  1. Based on Provincial legislation, Albertans will be allowed to consume cannabis in their homes and in some public spaces where smoking tobacco is allowed, but use will be banned in

In an effort to protect children and limit second-hand exposure, public smoking or vaping of cannabis in Alberta will be prohibited from any place where tobacco is restricted, and in the following places:

  • on any hospital property, school property or child care facility property in or within a prescribed distance from:
    • a playground
    • a sports or playing field
    • a skateboard or bicycle park
  • a zoo
  • an outdoor theatre
  • an outdoor pool or splash pad
    • from any motor vehicles, with the exception of those being used as a temporary residences, such as a parked RV

There will also be no consumption of cannabis at any cannabis retail outlets.

Legislation will establish provincial offenses for public consumption infractions and consumption of cannabis in vehicles.

Municipalities may create additional restrictions on public consumption using their existing authorities

(Source: Government of Alberta web-site)

  1. “The cannabis enforcement mirrors what we do with alcohol”

“Other jurisdictions have seen an increase in impaired driving when cannabis has become legal,” Mason said, adding the province will roll out a public education campaign. “The real risk here is that people don’t feel cannabis is quite as bad or … is impairing a substance as alcohol. Nothing could be further from the truth.”

(Source: Brian Mason, Minister of Transportation- Edmonton Journal article dated November 15, 2017)

  1. “Ban consumption in areas frequented by children”

(Source: Alberta Health Services Recommendations – Municipal Cannabis Regulations – February 20, 2018)

  1. Under Bill C-46 (the amendment to the Alberta Traffic Act), a driver would face a maximum of a $1,000 fine if their blood tests positive for two to five nanograms per milliliter of tetrahydrocannabinol (THC).
  2. For drivers with more than five ng/ml of THC detected on a first impaired driving offence, a minimum $1,000 fine would be imposed, with increasingly harsher penalties such as jail time for subsequent offences. The rules also impose penalties for combined alcohol­ cannabis use of 2.5 ng/ml of THC with a blood alcohol level of .05.
  3. THC is the main psychoactive compound in cannabis.

Crashes involving alcohol and/or drugs are a leading criminal cause of death in Canada. On average, approximately four people are killed each day in crashes involving alcohol and/or drugs. In 2013, there were a total of 2,430 crash deaths on public roads, involving at least one highway vehicle (e.g. passenger cars, vans, trucks, or motorcycles).

Based on testing of fatally-injured drivers, it may be estimated that 1,451 (59.7%) of these deaths involved drivers who had some alcohol and/or drugs in their system.

369 deaths, or 15.2%, occurred in crashes involving drivers who were positive for alcohol alone.

683 deaths, or 28.1%, occurred in crashes involving drivers who were positive for  drugs alone.

399 deaths, or 16.4%, occurred in crashes involving drivers who were positive for both alcohol and drugs.

The statistics reflect the growing incidence of driving after drug use, which now exceeds that for driving after alcohol use. Cannabis, the most commonly-found drug, is present in almost half of the drug­ positive fatal crashes.

Further information on the risks associated with public cannabis consumption can be found in AHS Recommendations on Cannabis Regulations for Alberta Municipalities, a document prepared by Alberta Health Services intended to support municipalities in making cannabis policy decisions that will promote public health. The report can be accessed at: http://rmalberta.com/wp-content/uploads/2018/05/Webinar-recording-Cannabis-and-Public-Health-AHS-Cannabis-Information-Package-for-Municipalities.pdf. A summary of the report’s recommendations is as follows:

SUMMARY OF RECOMMENDATIONS

Overall

Where evidence is incomplete or inconclusive, AHS is advising that a precautionary approach be taken to minimize unintended consequences. This approach is consistent with the recommendations of Federal Taskforce on the Legalization and Regulation of Cannabis (Government of Canada, 2016).

Business Regulation & Retail

  • Limit the number of cannabis stores, and implement density and distance controls to prevent stores from clustering, while also keeping buffer zones around well-defined areas where children and youth frequent.
  • Consider requirements for cannabis education and community engagement as part of the business licensing approval process.
  • Limit hours of operation to limit availability late at night and early morning hours. · Restrict signage and advertising to minimize visibility to youth.

Consumption

  • Ban consumption in areas frequented by children.
  • Align the cannabis smoking regulations with the Tobacco and Smoking Reduction Act and/or with your municipal regulations, whichever is more stringent.
  • Ban smoking, vaping and water pipes in public indoor consumption venues.

Home growing

  • Design a process to ensure households and properties are capable of safely supporting home growing.

Multi-Unit Housing

  • Health Canada (2017) has recommended a ban on smoking in multi-unit housing. AHS recognizes that there are potential health risks associated with second-hand smoke within multi-unit housing environments and therefore recommends municipalities consider bylaws that ban smoking in multi-unit housing.

Research and Evaluation

  • Ensure mechanisms to share data across sectors and levels of government are established, and appropriate indicators are chosen to monitor the impacts of policy implementation on communities.
RMA Background:

14-17F: Cannabis Act

THEREFORE, BE IT RESOLVED that the Alberta Association of Municipal Districts and Counties advocate that the Government of Alberta oppose the legalization of cannabis for recreational use in the Province of Alberta until a complete understanding of the implications that  the legalization of cannabis will have on the health of individuals and on community safety is publicly available.

DEVELOPMENT: While RMA appreciates that the Government of Alberta has conducted extensive public engagement, with input from health, law enforcement and other subject area experts to understand the impacts of cannabis legalization, the fact remains that there are significant gaps in academic, government and industry research efforts related to the impacts of legalized cannabis on public health and community safety. RMA acknowledges that there is a stark difference between understanding concerns from stakeholders and understanding actual implications gleaned from empirical research in communities in which cannabis is legalized. RMA recognizes that this issue is not well researched, however, staff have been actively assisting municipalities in adapting to these changes by providing workshops and information as it becomes available. This resolution is assigned a status of Intent Not Met.  RMA will continue to advocate that the Government of Alberta lead social and health impact assessments once cannabis has been legalized.

Provincial Ministries:
Justice and Solicitor General
Provincial Boards and Organizations:
Other
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