Hamilton Mountain Coun. Tom Jackson calls for restrictions on pot shop locations

Hamilton Mountain Coun. Tom Jackson is proposing the city impose a strict radial separation from other cannabis outlets.

In a notice of motion for the July 17 council meeting, Jackson wants the city to ask the province to change its licensing requirements for Cannabis Retail Stores to limit the number of pot shops in a single area.

The proposed motion is an attempt to assert some sort of control on where pot shops can locate within Hamilton. The city has seen a proliferation of cannabis store applications, with council seeing 49 of them since January 2020.

Jackson, who voted against allowing the city to accept pot shops within its borders in a 10-6 vote in January 2019, said it will be an uphill battle" to stop pot shops from moving into particular locations.

This is one I could almost predict down the road," said Jackson. This is the price we are paying."

The Alcohol and Gaming Commission of Ontario does not consider radial separation when it comes to other pot shops in an application for a new cannabis store.

In May, councillors objected to Cannabis Roll locating at 11 Hatton Dr., near Fiddlers Green Road and Highway 403. The property is zoned commercial and is located within a residential area and near three schools.

Ancaster has an active cannabis retail outlet at 1142 Wilson St. W. and there is an application for a retail outlet in the Ancaster Business Park at 1428 Sandhill Dr.

Ontario municipalities, including Hamilton, have no control over where cannabis dispensaries can set up shop.

The provincial government in January 2019 allowed private storefront cannabis sales to begin.

Under the commission's regulations, a cannabis retail store cannot be located within 150 metres of a school.

Municipalities argued prior to the Ontario government authorizing private pot shops from setting up they wanted special zoning powers to deal with cannabis stores. The Municipal Act allows cities to limit the number of strip clubs and payday loan stores and define where they go, but not pot shops.

But under the cannabis legislation, it explicitly states that cities cannot treat their zoning any differently from any other kind of retail. Municipalities also can't license cannabis stores as they are allowed to do for taxi cabs and tow trucks.