Whitehorse pot shop operators clash over buffer zone rules

A dispute is brewing between the heads of two different pot shops in Whitehorse over zoning regulations, with one operator saying not following the rules risks setting an unfair precedent.

Daniel Schneider and Jordan Stackhouse, both of whom were previously employed by governments in Yukon, recently leased the old Marble Slab storefront, located on Second Avenue. But, they're facing regulations they say weren't clear beforehand.

According to territorial legislation, stores that sell cannabis need to be at least 150 metres away from schools. Community Cannabis is almost exactly 100 metres away from the Individual Learning Centre, which the Cannabis Licensing Board considers a school.

Schneider and Stackhouse are appealing to the City of Whitehorse to get an exemption. Included in territorial laws is a provision that, in effect, allows the city to override the Yukon government, where buffer zones are concerned. 

This is what Richard Fuller, chief operating officer at The Herbary, has a problem with. He said many other stores, including his, have followed the rules.

"I just want a level playing field, right?" he told CBC News, adding that Stackhouse and Schneider didn't do their due diligence before leasing the space.

"If they're given an exception, it'll be the biggest slap in the face."

Schneider, who used to work at The Herbary, told CBC News the city provided him with an incorrect map, which appears to show a 100 metre buffer zone for pot stores operating in downtown Whitehorse.

"We signed this lease with the understanding that we were in 100 per cent compliance with this, and that's why we went ahead with this location," he said. 

"I think that [The Herbary is] not looking forward to more competition," Schneider said.

"It is a small town, but I know there's lots of pie to go around for everybody."

Board declined pot shop applications in 2019 

In 2019, the board declined at least two pot shop applications, deeming them too close to the same learning centre. 

One of those applications was submitted by The Herbary, which was 63 metres away from the centre. 

Fuller decided to move north of downtown, settling on the shop's current location on Industrial Road in Marwell.

"We went into this eyes wide open," he said. "We're used to working in highly regulated environments. We respected the buffer zones. It never would have occurred to us to try to benefit ourselves by putting youth at risk by asking the government to reduce the buffer zones."

Public hearing slated for next month 

The city will consider the proposed pot shop under its bylaw process. Part of that involves a public hearing, which is slated for Sept. 12.

The earliest date at which the bylaw could be changed is Oct. 10. 

Fuller said he'll submit a formal objection letter to the city and attend the public hearing to stress his talking points to council. 

"The integrity goes out the window if the council changes things for these guys," he said.