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Cannabis store licence refused due to proximity to school

Cannabis Licensing Board has decided Unit A-2193 2nd Ave. in Whitehorse is too close to a school
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The Yukon’s Cannabis Licensing Board is rejecting a pot shop proposed in the same building as the downtown Whitehorse Domino’s, seen on Feb. 23, because of its proximity to a school. (Dana Hatherly/Yukon News)

The Yukon’s Cannabis Licensing Board is refusing to grant a licence for a pot shop on Second Avenue in Whitehorse, due to the proposed location’s proximity to what is being defined as a school.

Community Cannabis Inc. was incorporated a year ago and entered into an eight-year lease agreement for the space in November 2022.

The main point of contention involves the requirement for a cannabis retail facility to be at least 150 metres from a school.

“To prevent the sale of cannabis to persons under 19 years of age, Community Cannabis Inc. will have clear signage on the inside and outside doors stating you must be 19 years of age or older to enter the premises of the cannabis store; and, there will be an arctic entry that will allow access from a separate door to the convenience store which does not have any age requirements to enter,” the application sets out.

“In the arctic entry, there will also be clear signage stating that you must be 19 years of age to enter.”

During a four-week objection period, four objections were turned in. The objections included a letter submitted by email from Brooke Albery, the president of Montessori Borealis; an email from Jordi Mikeli-Jones, the CEO of Triple J’s Canna Space; a letter from Richard Fuller, CEO of the Herbary Inc; and an email from Erin Schultz, a Montessori Borealis teacher.

In summary, the objectors pointed out the distance from the existing Montessori Borealis at 103-1191 Front Street and a new Montessori Borealis location at 100 Keish Street, the proximity to Shipyards Park, alleged inducements used by proponents to garner support letters in a previous municipal zoning amendment hearing, alleged intimidation tactics and alleged questionable tactics.

A hearing was held on Feb. 14 to consider the objections.

“A major objective of the act is to protect young people and discourage their use of cannabis. The act specifies that no cannabis retail location is to be within 150 metres of a school building. The initial inspection of the site only reviewed schools listed on the Yukon government website. Montessori Borealis is a private school housed under the Aurora Virtual School and was not captured in the inspector’s report,” reads the board’s statement of conclusion.

“The objections brought forward helped clarify the Montessori Borealis’ position, and allowed the Board to determine that it is a school and meets the definition under the Education Act.”

Contact Dana Hatherly at dana.hatherly@yukon-news.com



Dana Hatherly

About the Author: Dana Hatherly

I’m the legislative reporter for the Yukon News.
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