Nelson city staff are recommending that the city council approve an application for a temporary permit for cannabis consumption on the patio of a local cafe in downtown Nelson, British Columbia.
In an agenda for a Nelson City Council meeting on Tuesday, May 6, city staff recommend approving an application from Yaherb Culture Cafe for a three-year Temporary Use Permit (TUP) to allow cannabis consumption on its patio and balcony.
A TUP provides the city with an opportunity to host an open house and seek public feedback on the proposal, allowing the city to then set site-specific conditions to manage and mitigate any concerns.
The plan for the business has been in the works for years, explains Brenton Raby, the owner of the cafe and the building it is located in, which has undergone extensive remodelling with plans to create a cannabis consumption space. Raby initiated the process with the City of Nelson in November 2024 and began exploring the TUP process in early 2025.
The TUP is valid for three years, with the option for a three-year renewal, and provides an opportunity to apply for a more secure zoning variance. Additionally, it would allow the business to avoid the city’s Clean Air Bylaw and restrictions on cannabis consumption spaces outlined in the City Zoning Bylaw.
“Although confident, I am a bit nervous, as stigma and prejudice can still influence decisions,” Raby tells StratCann.
“I have been so involved in political policy, activism, and building renovation for so long that sometimes the business plan has been in the background. I already have a business licence, a health permit, a registered trade mark, and a full cafe built and ready to go. I am hoping that with the TUP in hand, I can find a partner and/or operator to help get to the opening.”
Raby acquired the building that is home to Yaherb Cafe in 2010. The building had previously been home to The Holy Smoke, a storied business in Nelson known as an unofficial headshop long before cannabis was legalized.
Raby says his vision for the building has long been one that can build upon that sort of legacy, but in a way that fits the current and future needs of cannabis consumers and tourists in the Nelson area.
“The space is an ultra-modern space that is going to serve the tourist market and local cannabis consumers alike.
“It’s a different market than when cannabis was illegal. There’s a huge, pent-up need for social expression from the cannabis community, locals and tourists here in Nelson, so we’re trying to have a real authentic experience.”
Raby adds that he is cautiously optimistic about the chance the council approves the recommendation.
“Cannabis consumption spaces are driven by consumers’ desire to socialize, and often times they are not able to consume cannabis where they live, so we are a business that senses this latent demand within the cannabis community for social spaces and a space where we can educate and move people forward in how they consume cannabis.
“Nelson and the Kootenays are a tourism mecca, both summer and winter, so to be able to finally serve that element in Nelson would be great.”
If approved, the Yaherb Cafe would be one of the only officially approved cannabis consumption spaces in British Columbia, and possibly all of Canada. BC began allowing businesses like cafes, restaurants, bars, and casinos in 2024 that have approved smoking areas to allow cannabis smoking in those same areas.
However, municipal bylaws can still be a barrier. Only a handful of spaces have opened, although many municipalities in the province do not allow these types of smoking areas, regardless of what is being smoked. One opened in Maple Ridge briefly in 2024, and another has been operating in Mission, BC, since the summer of 2024.
BC first engaged the public about these proposed changes in 2023 as part of a broader industry outreach initiative.
Previously, these were both specifically not allowed under BC’s regulations. The restrictions on associations with another business in Section 5.1.7 of the CRS and PRS Licensee Handbooks have been removed. The language restricting the promotion of a place to consume cannabis or spend time after consuming cannabis is also removed from the CRS and PRS Licensee Handbooks.
The provincial government notes that cannabis consumption is still not allowed in cannabis stores. Licensees must ensure that any cannabis consumption near their store is not within their establishment.
Smoking and vaping are prohibited in all workplaces and indoor public spaces in BC. Tobacco and vapour products can be used on an outdoor hospitality patio, such as the patio of a bar, casino, or café, as long as it is within a buffer zone and there are no open windows, doors, or active air intakes between the patio and the hospitality venue.
BC has been increasingly focusing on the issue of consumption spaces and cannabis tourism, launching a province-wide engagement paper last year. The What We Heard report from that engagement process was released in January 2023. The report revealed significant public support for consumption spaces, balanced with concerns from law enforcement and public health agencies.
