Up in smoke: The City of Nelson’s rejection of a weed-smoking patio is unfair

Many anticipated marijuana would be regulated, taxed, and eventually normalised in the same way alcohol was when it was made legal in Canada in 2018.

However, flash forward to 2025 and that promise still seems vague — just ask Brenton Raby of Nelson B.C.

Raby, owner of Yaherb Culture Café, had a daring idea — the province’s first weed-smoking patio where adults could enjoy cannabis, including edibles, vapes, and even marijuana soda, in a laid-back setting. No secrets, no back alleys — just social, safe consumption.

But the idea was shut down by Nelson’s city council. In addition to mentioning smoking tobacco is prohibited on patios, Mayor Janice Morrison raised concerns regarding smoke and odour. Fair point.

But Raby claims the city’s Clean Air and Smoking Regulation Bylaw, last revised in 2017, are applied ambiguously and unevenly. Although it is illegal to smoke within seven metres of a public open space, he told CBC News that Nelson already has two patio-smoking areas. 

This begs the question of why cannabis is being singled out if people can drink alcohol on licensed patios all over the city? It’s a question that goes beyond bylaws — it targets stigma. 

Marijuana still carries the burden of antiquated stereotypes — careless users, lazy stoners, and shady vibes — even after several years since it was legalised. Never mind that cannabis is legal, regulated, and bringing in billions of dollars in Canada.

Despite being taboo, weed is legal — period. But in contrast, alcohol is widely accepted by the general public. You can pick up a bottle of wine with your groceries, clink glasses filled with mimosas at brunch, or enjoy a beer on a sunny patio.

Marijuana users are still being advised to keep it discreet, even in B.C., a province with a long history of cannabis consumption. That doesn’t sound like advancement — more like permission mixed with embarrassment.

Raby’s pitch to the City of Nelson was not a free for all. It was a carefully planned, adult-only area designed to promote responsible cannabis use. Think lounge rather than hotbox. 

But the city council gave a resounding no. The ruling did more than just shut down a local initiative — it prevented a change in culture.

Like bars did for alcohol, cannabis-friendly establishments like Yaherb Culture Café could contribute to the normalisation of safe, public consumption, providing community, education, and structure rather than promoting private use or risky substitutes.

Nelson had the opportunity to take the lead but was afraid and played it safe.

Besides stigma, unclear municipal laws present another challenge. Since cannabis is governed by both federal and provincial laws, cities are left to rely on their interpretation of these rules. The outcome? Obstacles, ambiguity, and inconsistencies for business owners like Raby.

It’s OK if local governments decide to restrict marijuana use but be explicit. Avoid using ambiguous language or selective enforcement. Otherwise, we’re encouraging failure and perpetuating the notion that cannabis is still taboo even though it’s legal.

The culture surrounding cannabis is changing — it is diverse, responsible, and expanding. Also, it merits a place on the patio, if not a seat at the table.

Cannabis users and producers will continue to encounter barriers erected by legacy rather than law until cities like Nelson are prepared to reconsider their regulations.

The discussion wasn’t meant to end with legalization. It was meant to be the beginning. So let’s refrain from discussing marijuana in whispers. Let’s have an open discussion, plan, and build because cannabis is here to stay.

As for the stigma? It’s long past time for a smoke break.