Nova Scotia introduces new cannabis rules aimed at sales on Mi’kmaq reserves

Nova Scotia is allowing licensed cannabis shops on reserve lands.

Nova Scotia introduced new cannabis regulations that open the door for Mi’kmaq communities to partner with the Nova Scotia Liquor Corporation (NSLC) to sell cannabis on Indigenous reserves, through a formal agreement process.

It’s part of a move to curb the growth of illegal dispensaries opening in First Nations communities, to combat the illicit market and ensure customers have access to safe and regulated legal cannabis, said a spokesperson with the NSLC.

According to a press release by Nova Scotia’s Department of Finance and Treasury Board, Mi’kmaq leaders across the province have raised concerns about “the sale of illegal cannabis” and this change in regulation will allow them to open a “legal store.”

The Finance and Treasury Board declined an interview request with CTV News but in a statement said the NSLC is the only legal seller of cannabis.

“Last year, several Mi’kmaw communities asked the province to consider ways that bands could set up legal cannabis stores in their communities, in order to prevent illegal and harmful sales of cannabis. The regulatory change we announced Friday was a first step toward that goal,” wrote a spokesperson for the Department of Finance and Treasury Board.

“Mi’kmaw communities will own and operate the legal outlets, and will keep any proceeds that come from cannabis sales at those stores,” said the statement. “Only Mi’kmaw communities that enter into an agreement with the NSLC will be able to sell cannabis legally in those communities. It will be up to the community to decide if they wish to pursue a partnership.”

The regulations require cannabis to be retailed in a socially responsible manner. Authorized Mi’kmaq sellers must:

• sell cannabis in its original package
• sell no more than 30 grams of dried cannabis, or the equivalent, in one transaction
• only sell at the authorized, permanent location
• allow no sampling on the premises
• display a certificate issued by the NSLC indicating they are authorized cannabis sellers
• follow the NSLC’s responsible retail training and guidelines, ensuring cannabis products aren’t sold to minors or those who are impaired
• follow all Health Canada requirements

The NSLC also declined an interview with CTV News but in a statement said communities can decide for themselves if they want to take this step and form an agreement to sell legal cannabis.

“The NSLC looks forward to working with interested Mi’kmaw communities to ensure the responsible sale of cannabis and to help provide a safe and regulated supply for people who want to consume cannabis,” said the NSLC statement.

So far, no Mi’kmaq communities have signed an agreement with the NSLC but this is still early days.

The new cannabis regulations come a week after a provincial court judge in Truro, N.S., found Darren Charles Marshall guilty of several charges related to cannabis-trafficking.

According to court documents, Marshall operated “The Flower Barn,” a cannabis shop on Millbrook First Nation land which RCMP had visited to warn Marshall that his shop was deemed illegal and to cease operations.

Marshall and his lawyer argued that he had an Indigenous treaty right to sell cannabis but the judge dismissed the claim, arguing there was no legal grounds or evidence to support it.

The Crown said the case highlights the growing number of illegal cannabis shops opening on Indigenous land and suggested a strong sentence was needed to curb the growth in the illegal market.

The judge ordered Marshall to serve a six-month sentence in the community, including three months of house arrest and three months with a curfew between 10 p.m. and 6 a.m.

Marshall also received an $8,762.50 fine and had several items seized including the building used to sell cannabis, 3,000 grams of dried cannabis, 49,000 mg of cannabis extract, and 99,276 mg of cannabis edibles.

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