Pelham's cannabis odour bylaw is something that was "exhaustively considered" when it was updated in 2024, says chief administrative officer David Cribbs. But after an Ontario Land Tribunal process involving the municipality and local producers over land use matters was recently settled, that doesn't mean the smell has gone away.
Cannabis producer Redecan, located on Foss Road in Fenwick, is challenging the town's bylaw and whether or not the local government has the right to enforce it, said Cribbs. Cribbs said the federal government is the main regulatory body, but that municipalities have been given the authority to step in if cannabis facilities are becoming a nuisance and if health is a concern.
"If you go in your house, close all your windows and you can still smell it, there's nowhere you can go and not be confronted with the odour," said Cribbs, adding that affected residents do have a case in saying the smell affects their physical and mental health.
Cribbs also pointed out that the Redecan facility was not purpose-built and was previously used for growing fruit. A threshold was established in 2024 and if readings exceed what is allowed, the town has a right to lay fines against growers.
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