Squamish council smoked through its marijuana dispensary zoning bylaw Tuesday evening despite opposition from one councillor who pointed out that selling the drug remains illegal in Canada.

“This is an illegal activity,” said Councillor Doug Race, a retired lawyer. “It is not legal to sell in this fashion.”

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Race said it was an issue of timing. “I have been advocating for legalization of marijuana since the 1960s, but it hasn’t happened yet.”

By passing the bylaw when selling cannabis continues to be illegal under the Criminal Code of Canada, “we are being legally blind to that,” Race said.

However, when Mayor Patricia Heintzman called the vote, every other councillor voted in favour of the bylaw to regulate the location of dispensaries, thrilling advocates who had come to the meeting.

“I am very proud of council for doing something that the federal government should have done years ago,” said Bryan Raiser, a former councillor and owner of 99 North Dispensary, which opened 15 months ago. “I am glad we have the majority of Squamish council that has the courage to do this.”

He was clearly elated following the meeting. “I really wanted people to stop being arrested and lives being ruined due to… ridiculous propaganda that has been spewed for generations.”

He estimates that up to five dispensaries are now operating in Squamish and more might set up shop.

An avid mountain biker, Raiser added, “This isn’t the first trail I have blazed that others have followed.”

But he questioned the specifics of the zoning bylaw, which stipulates buffer zones of 300 metres around each school in Squamish and prohibits pot shops from setting up along Cleveland Avenue or near the youth centre. Raiser said there is no scientific research indicating that locating a marijuana shop farther from a school would reduce access for youth.

Council is also considering business licence fees of $5,000 per year for dispensaries and setting other regulations such as banning ATMs, which drew the ire of one ATM business owner from Whistler who came to the public meeting Tuesday and said liquor stores allow ATMs. Heintzman said his concerns would be considered when council discusses dispensary fees and business licences on June 7.

The mayor defended council’s decision to regulate marijuana dispensaries, despite Race’s opposition.

“We are simply saying they are allowed to be. The criminal aspect is still something the police will consider in their priorities in how they want to deal with it,” Heintzman told The Squamish Chief after the meeting.

She suspects more dispensaries will relocate to Squamish from Vancouver, where some are being closed due to new regulations. “We wanted to set some parameters around it so we can manage it.”

Heintzman said Squamish council was being proactive in managing the situation.

“In the absence of clear leadership from the federal government… municipalities are being faced with decisions,” she said.

“We are putting a bit of blinders on and not looking at criminal aspects. That is the police’s job.”