Pubdate: Thu, 31 Oct 2002
Source: Record, The (CN BC)
Copyright: 2002 Lower Mainland Publishing Group Inc.
Contact:  http://www.royalcityrecord.com/
Details: http://www.mapinc.org/media/1654
Author: Theresa McManus
Bookmark: http://www.mapinc.org/mmjcn.htm (Cannabis - Medicinal - Canada)

MARIJUANA FACTORY WILL FIGHT FOR THE RIGHT TO STAY OPEN

The Marijuana Factory believes city hall should get its facts straight 
regarding the legal cannabis grow operation.

At the end of September, New Westminster police and city hall learned that 
the residents of a rental property in Queensborough had obtained the 
necessary permits, pursuant to the federal Marijuana Medical Access 
Regulation, to cultivate marijuana for medical purposes. The operation has 
raised concerns among some area residents and city hall about neighbourhood 
safety, health and safety of the residence, and restrictions on marijuana 
producers.

On Monday, city council agreed to write to federal officials expressing 
concerns about the Marijuana Medical Access Regulation, to have staff 
pursue an inspection of the rental property to determine if it complies 
with the city's bylaws and deems that it is safe, and to direct the city 
solicitor to obtain the necessary court order if the occupants or property 
owner fail to voluntarily permit staff to conduct an inspection.

Although the city would like the Marijuana Factory to cease operation, one 
of three licensees growing marijuana at the property says it's beyond the 
city's jurisdiction to shut down the operation.

"They don't have the power to do that," he said. "Only the federal 
government has the authority to tell us to stop."

The licensee, whose identity is protected under privacy legislation, said 
the three licensees are willing to go to court if necessary to defend their 
right to grow cannabis in a Health Canada-approved facility.

"We will stand on the Charter of Rights, we will stand on the Health Act, 
we will stand on the Privacy Act," he said. "We are doing something that is 
within the law."

During a discussion about the Marijuana Factory at Monday night's council 
meeting, some councillors expressed concern about the potential to grow up 
to 300 plants in a residential area.

"We are only allowed a maximum of 110 plants," said the licensee. "They are 
totally erroneous when they are saying 300 plants."

One licensee is licensed to grow 25 cannabis plants, a second licensee is 
able to grow 45 plants and a third licensee is able to grow 40 plants. 
Although they're allowed to grow 110 plants, the licensee said they are 
currently growing fewer than their permitted limit.

"We are way below our licensed amount. We have one light plugged into a 
wall," said the licensee. "They are asking for our licence to be reviewed. 
That is a direct violation of our rights. That is nothing we will stand for."

While illegal grow operations often raise concerns about fire hazards and 
health concerns within the building, the licensee said there's been no 
electrical or plumbing modifications done to the residence, so those 
concerns don't apply to the Marijuana Factory.

According to the licensee, officials involved in the Marijuana Factory 
willingly talked to police about the operation. Police then reported to 
city staff.

"We are guaranteed privacy to cultivate cannabis by Health Canada. This is 
harassment, plain and simple," said the licensee. "We had no problem giving 
information to the police."

The licensee said the Marijuana Factory welcomes a visit from Health Canada 
inspectors, who could be accompanied by a city inspector.
- ---
MAP posted-by: Jo-D