Court Rules Cannabis Shops Must be 150 Metres ‘as the Crow Flies’ From Schools

Article by Simcoe Reformer

Court rules pot shops must be 150 metres 'as the crow flies' from schools Postmedia NewsPostmedia News The Global Marijuana March Toronto took place at the top of Queens Park Circle - with pop-up vendors and cannabis users - before heading north to Bloor St.W. with about 500 participants on Saturday May 4, 2019. Jack Boland/Toronto Sun/Postmedia Network JACK BOLAND / JACK BOLAND/TORONTO SUN

The Ontario Superior Court has made a ruling about pot stores that any budding entrepreneur should be able to understand.

According to Blacklock’s Reporter, the court ruled cannabis cannot be sold within 150 metres of a school, confirming that the distance be measured in a straight line — as the crow flies — rather than by walking distance.

The ruling comes after a Toronto weed store, Sticky Nuggz Inc., asked the court for a review of the Ontario Alcohol and Gaming Commission’s rejection of its application to open 120 metres from a school.

Ontario’s Cannabis License Act forbids weed from being sold within 150 metres of a school, as measured from the property line.

Sticky Nuggz argued that its shop was actually 262 metres from the school by sidewalk. But the court rejected that argument and ordered the company to pay $45,000 in court costs.

“The school distance requirement is part of a clearly articulated government policy to keep cannabis away from children,” Justice Michael Penny wrote in making the ruling. “The school distance requirement is just one component of a larger regulatory framework that serves to limit youth access and exposure to cannabis.”

“Any prospective retailer who wanted to know and was prepared to make reasonable, prudent inquiries could have learned the Commission’s straight-line method of measurement,” he added.

Read the full article here.

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