The applicant sought a determination that municipal by-laws restricted its proposed normal farm practices for cannabis cultivation.
A preliminary hearing was held to determine whether the Board's home statute, the Farming and Food Production Protection Act, 1998, was repugnant to the federal Cannabis Act under the doctrine of federal paramountcy.
The Board held that it could not apply the paramountcy test until a full hearing determined the specific farm practices at issue.
The jurisdiction issue was deferred to a full hearing.
