Legal battle underway as Pelham neighbourhood fights chronic ‘weed smell’

A legal battle is underway in the Town of Pelham, as two marijuana grow operations and a chronic stench emanating from them has plagued a nearby neighbourhood.

Since it was legalized, the overpowering smell has been a problem for those who live in Pelham.

Not one, but two cannabis grow operations can be found stinking the place up.

The first, owned by an indigenous company based out of British Columbia, the other run by Redecan, a subsidiary of the American pharmaceutical giant known as Tilray Brands.

When the town tried to fine the producers under its odour by-law, those growers fought back.

“That’s being challenged by Tilray in the Superior Court of Justice,” said David Cribbs, the Chief Administrative Officer at the Town of Pelham. “They’re attacking the validity of the by-law, the town’s capacity to pass it, the town’s capacity to enforce it, and further they’re arguing it was passed in bad faith.”

Directly across the road from one of the aforementioned grow operations, owned by a company known as Thunder Spirit, a light smell can be found, but residents say some days are worse than others.

“Living this close to it, if the wind is slightly more towards the north than my neighbour does, but there are other days we get hit by it, and it’s overpowering,” said David Klyn-Hesselink, who lives next to one of the grow operations.

“They frequently have a hundred thousand plants, in excess of a hundred thousand plants in them,” said Cribbs. “Imagine, three or four joints. Now multiply that by a large plant, then multiply that by six figures.”

Cribbs said the town’s council has sought help from the province on numerous occasions.

“Minister of the Attorney General, Minister Agricultural and Food, Minister of Municipal Affairs and Housing,” counted Cribbs, “and we’ve asked for multiple statutory amendments or enforcement of odour issues, and all requests have been rebuffed.”

According to Dean Allison, the MP for the region, Health Canada’s enforcement arm has been to the grow ops several times, and has found no issues.

“Lots of setbacks to chicken farms, dairy farms,” said Klyn-Hesselink. “You can’t build those facilities close to a residential area, or even to a house in the country, so I think those same setbacks should apply to a cannabis operation — as would any other agricultural operation that generates an offensive odour to the neighbours.”

CHCH News tried to reach out to both companies, and have not received comment.

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