Choom Holdings (CHOO.C) has secured the rights to a combined 12 additional retail locations in Alberta and B.C., raising the company’s retail potential in western Canada.


With the addition of seven newly secured locations in B.C. and five in Alberta, the company has a total of 52 potential locations in B.C., Alberta and Saskatchewan pending official approval.

The company is actively pursuing additional retail spaces and the number of applications for brick-and-mortar locations is expected to increase, according to the company’s press release.

“We are excited to continue our progress towards being a leading private cannabis retailer in Canada,” states President and CEO of Choom, Chris Bogart. “In the burgeoning recreational sector, the consumer will be difficult to acquire, and as such, a strong Choom™ retail presence is key to customer acquisitions and securing market share.”

Municipal approval

Before a retail-space for non-medical cannabis is allowed to open, the store needs government licensing, including from municipal governments.

BC

Applications to open these spaces must first be submitted the provincial Liquor and Cannabis Regulation Branch (LCRB). Once the application is received, the LCRB notifies the government overseeing the municipality in which the proposed store would be located.

The municipal government can terminate an application by withholding approval, but the LCRB is not required to grant a licence simply based on a municipality’s recommendation.

LCRB guidelines firmly state that companies must gather residents’ views before local governments can consider or recommend an application. Public opinion must be gathered by at least one of these methods:

  • Receiving written comment in response to a public notice of the application
  • Conducting a public hearing in respect of the application
  • Holding a referendum, or
  • Using another method the local government considers appropriate.

AB

(2) The board may not issue a cannabis store licence in respect of any premises located (a) in a municipality, unless a development permit has been issued under the Municipal Government Act for the proposed use of the premises as described in the application for the cannabis licence, (b) on an Indian reserve, except in accordance with an applicable band council bylaw or the band council’s approval, or (c) on land within a Metis settlement area, except in accordance with an applicable settlement council bylaw or the settlement council’s approval. (3) For the purposes of sections 640(7), 642(5) and 687(3) of the Municipal Government Act, a premises described in a cannabis licence may not have any part of an exterior wall that is located within 100 metres of (a) a provincial health care facility or a boundary of the parcel of land on which the facility is located, (b) a building containing a school or a boundary of a parcel of land on which the building is located, or (c) a boundary of a parcel of land that is designated as school reserve or municipal and school reserve under the Municipal Government Act. (4) Despite subsection (2)(a), on application by a municipality the board may, if the board considers it appropriate to do so, issue a cannabis store licence in respect of a premises that meets the requirements of subsection (3) but for which a new municipal
Section 106 AR 143/96
GAMING, LIQUOR AND CANNABIS REGULATION

55
development permit is not required under the Municipal Government Act. (5) A municipality may, in a land use bylaw, expressly vary the distance set by subsection (3) and set a different distance that is applicable to one or more of the types of properties referred to in subsection (3)(a) to (c), and where a municipality has done so, subsection (3) does not apply to a premises to the extent the variation in the land use bylaw is applicable to it. (6) On application by a municipality that has not by bylaw varied a a distance set by subsection (3), the board may, in writing, if the board considers it appropriate to do so, vary the distance set by that subsection and set a different distance that is applicable to one or more of the types of properties referred to in subsection (3)(a) to (c) in relation to a specified premises that is the subject of a cannabis licence application. (7) Where the board has issued a variance under subsection (6), subsection (3) (a) does not apply to the specified premises to the extent the variance is applicable to it, and (b) for greater certainty, does not operate to bar the issuance of a development permit under the Municipal Government Act in respect of the premises.

(Staff who work at cannabis retail outlets will have to be at least 18 years of age, undergo a background check and complete mandatory AGLC training through a program called Sell Safe. This 4-6 hour course is similar to what employees in the gaming and liquor sectors must complete.)

SK

Municipalities already have broad authority through bylaw, land use and zoning, and business licensing to deal with a variety of business related issues, including where businesses can be located. They can decide how best to use this existing authority regarding cannabis wholesalers/distributors and retailers

Manitoba (law)

On June 5, 2018, Bill 11: The Safe and Responsible Retailing of Cannabis Act, received royal assent. This Bill sets the framework for Manitoba’s retail model by legislating that the Liquor and Gaming Authority of Manitoba will be renamed the Liquor, Gaming and Cannabis Authority of Manitoba and will be responsible for licensing cannabis stores and cannabis distributors.

annabis store agreement

101.3(1) The Minister of Growth, Enterprise and Trade may enter into an agreement with a person to establish and operate a cannabis store.

Cannabis store agreement with MLLC

101.3(2) If authorized by the Lieutenant Governor in Council, MLLC may enter into an agreement with a person to establish and operate a cannabis store.

Retail cannabis licence

101.4(1) The executive director may issue a retail cannabis licence to a person who has entered into an agreement under section 101.3.

Authorized sales

101.4(2) A retail cannabis licence authorizes the holder to sell cannabis on a retail basis

(a) to customers at the premises specified in the licence; and

(b) for delivery from the premises specified in the licence, based on remote orders received by the holder.

Categories of retail cannabis licence

101.4(3) The executive director may issue the following categories of retail cannabis licence:

1. Controlled-access licence

A licence that authorizes the holder to operate a cannabis store in which cannabis and cannabis packages and labels are stored behind a counter or behind shelving with covers that prevent persons from viewing them. Customers in the store are not allowed to view or access cannabis and any cannabis packages until after purchase.

2. Age-restricted licence

A licence that authorizes the holder to operate a cannabis store that young persons are prohibited from entering and in which measures specified by the executive director must be implemented to prevent persons outside the store from viewing the interior of the store.

Separate licences required

101.5(1) A separate retail cannabis licence is required for each location where a person operates a cannabis store.

Temporary location

101.5(2) The executive director may issue a written authorization to the holder of a retail cannabis licence that enables the holder to operate a cannabis store at an additional or different location set out in the authorization for a specified period

Cannabis must be purchased from MLLC

101.6(1) All cannabis sold at a cannabis store must have been purchased from MLLC by the holder of the retail cannabis licence.

Zoning and approval requirement

106(3) A liquor service licence, a retail liquor licence, a retail cannabis licence or a cannabis distributor licence may not be issued unless the executive director is satisfied that the proposed premises will comply with all applicable municipal zoning requirements and that the applicant has obtained or will obtain all required licences, permits and approvals.

Plebiscite on cannabis sales

160.1 A plebiscite may be held in a municipality in accordance with this Part to

(a) prohibit the local sale of cannabis in the municipality; or

(b) repeal the prohibition on the local sale of cannabis in effect in the municipality.

25(1) Subsection 165(1) is amended by striking out “A plebiscite” and substituting “Subject to subsection (1.1), a plebiscite“.

25(2) The following is added after subsection 165(1):

Exception for plebiscite on cannabis sales

165(1.1) A municipality may hold a plebiscite under section 160.1 (plebiscite on cannabis sales) before January 1, 2022, on a date specified by the council of the municipality. On or after that date, a plebiscite may only be held on voting day.

26(1) Subsection 167(1) is amended by striking out “retail premises” and substituting “retail liquor premises“.

26(2) The following is added after subsection 167(3):

Effect of plebiscite prohibiting sale of cannabis

167(4) If a plebiscite to prohibit the local sale of cannabis is approved, no retail cannabis licence authorizing the operation of a cannabis store may be issued in the municipality and any such licences in effect in the municipality are cancelled effective six months after the plebiscite.

27 Section 169 is amended by striking out “liquor licences and siteholder agreements” and substituting “liquor licences, siteholder agreements and retail cannabis licences“.

28 Section 171 and the centred heading before it are replaced with the following:

SUNDAY LIQUOR AND CANNABIS SALES

Sunday liquor sales

171(1) Subject to section 172, all retail liquor premises and licensed premises may sell or serve liquor on Sunday unless prohibited from doing so under this Act.

Sunday cannabis sales

171(2) Subject to section 172.1, all cannabis stores may sell cannabis on Sunday unless prohibited from doing so under this Act.

29(1) Subsection 172(1) is amended

(a) in the section heading, by striking out “Sunday opening” and substituting “Sunday liquor sales“; and

(b) by striking out “retail premises” and substituting “retail liquor premises“.

29(2) Subsection 172(3) is amended by striking out “retail premises” and substituting “retail liquor premises“.

30 The following is added after section 172:

By-law re Sunday cannabis sales

172.1(1) The council of a municipality may pass a by-law prohibiting the sale of cannabis at cannabis stores in the municipality on Sunday.

Nunavut

Cannabis Act:

The majority of the provisions of the Cannabis Act come into force on the same day as federal legislation comes into force – which is expected to be in October 2018. Generally, this Act allows Nunavut to regulate the use and distribution of cannabis for those Nunavummiut who are 19 years of age and older.

More specifically, the Cannabis Act:

  • Allows the Nunavut Liquor and Cannabis Commission to sell cannabis remotely (on-line and by phone), in physical stores, and through an Agent
  • Allows the GN to licence establishments that sell cannabis, including stores and lounges.;
  • Requires community consultations before opening a cannabis store or lounge;
  • Allows for regulation of cannabis cultivation, but does not expressly forbid it; and,
  • Establishes an inspection, search and seizure regime.

The GN actively consulted with Nunavummiut – reaching out to many stakeholders with consultations and surveys. Nunavummiut gave clear feedback that the goals of this Act are to:

  • Protect the health and safety of Nunavummiut, especially minors;
  • Provide for the safe distribution of cannabis to adults;
  • Combat the illegal market for cannabis; and,
  • Increase awareness of the risks associated with cannabis.

NWT

PEI

Manitoba

Quebec

N.L ?????

Ontario

Municipalities are being engaged on the guidelines and process for store siting.

The guidelines will achieve our key objectives: protecting youth by making sure stores are not close to schools; providing access within communities; and addressing the illegal market.

Yukon

Yukon’s Cannabis Control and Regulation Act received assent in the Legislative Assembly on April 24, 2018. The act provides for legal, controlled access to cannabis with the goal of displacing illegal activity. It puts a priority on health, safety and harm reduction, with a focus on protecting youth from negative health effects.

Key provisions of the act include:

  • Yukon is setting the minimum age for the legal possession, consumption and cultivation of cannabis at 19.
  • Adults 19 and older will be allowed to have up to 30 grams of dried cannabis or its equivalent in public. People younger than 19 will not be allowed to purchase or possess any cannabis.
  • Adults 19 and older will be allowed to grow up to four plants per household for personal use.
  • Consumption of non-medical cannabis will be limited to privately owned residences and adjoining property, where permitted by the owner, while providing for the potential to allow consumption in other spaces in the future.
  • The Yukon Liquor Corporation will be responsible for the distribution of cannabis.
  • Once regulations have been passed, private cannabis retailers will be required to obtain a retail license issued by the Cannabis Licensing Board.

This act will not come into force until the federal Cannabis Act comes into force on October 17, 2018.

Nova Scotia

Still illegal until Federal legislation rollout

The Nova Scotia Liquor Corporation will be the only authorized retailer of cannabis in Nova Scotia. Cannabis can be purchased by adults 19 or over at designated NSLC stores or online. For more information visit the Nova Scotia Liquor Corporation.

While edibles can be produced at home for personal use, it will remain illegal under federal law to sell edibles, including at restaurants and markets.

Company infiltration by province (private companies with secured leases)

BC

????

AB

Proposed

SK

The chosen ones

MB

Proposed

QUE

???

ONT

???

NB

GOV’t

NS

Waiting on approval from Feds

Newfoundland

Once legalized, non-medical cannabis will only be legally available for purchase at stores licensed through the Newfoundland and Liquor Corporation (NLC) or online through an NLC web portal. We expect there will be approximately 30 licensed stores spread throughout the province. For more information on where and how to buy cannabis, please visit ShopCannabisNLOpens in new window.

PEI

All gov’t

YUKON

The federal government announced the official legalization date of October 17, 2018. Non-medical cannabis possession, sale and use is still illegal until then.

YLC is on track to ensuring that the interim cannabis retail store, and the e-commerce store solution, will be available by October 17 and we are continuing to prepare for private sector retail.

NWT

Co-locating alcohol and cannabis. Private/public hybrid.

The criteria potential retailers must meet in order to operate a cannabis store will be finalized by December 2018, or sooner. Once the criteria have been developed, private retailers will be able to apply for a license to sell cannabis legally. There is no specific plan to support future economic and business opportunities directly related to cannabis.

NUNVT

Through NLCC but maybe lounges/private later

Written By:

Ethan Reyes

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Tags:
Cannabis
Dispensaries
Choom Holdings
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