Pubdate: Wed,  6 Nov 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: Martha Wickett, Record Reporter
Bookmark: http://www.mapinc.org/mmjcn.htm (Cannabis - Medicinal - Canada)

POT FACTORY WARNS CITY TO BACK OFF

Queensborough's Marijuana Factory vows to sue the city if the city doesn't 
stop "making threats."

Marijuana Factory spokesperson Michael Maniotis made the declaration after 
receiving a letter from the city. The letter, he says, requests that the 
legal marijuana grow operation stop producing because the operators are 
putting themselves and others in the neighbourhood in danger.

"They say we don't conform to their standards - they're basically 
discriminating against us based on disability," Maniotis told The Record.

On Oct. 21, city council approved recommendations from the city's strategic 
services department. They included:

- - that city council write to the local member of parliament, the official 
opposition and the federal health minister to inform them of the city's 
concerns regarding the Marijuana Medical Access Regulations;

- - that staff pursue an inspection of the Marijuana Factory's rental 
property to determine if the premise complies with city bylaws and 
regulations; and

- - that the city solicitor be authorized to obtain a court order if the 
occupants or owner of the property fail to voluntarily permit staff to 
conduct an inspection.

Keith Coueffin of strategic services said a copy of the letter to the 
Marijuana Factory could not be forwarded to The Record because it contains 
confidential information. He confirmed, however, that the city has 
requested it be allowed to inspect the property.

The Marijuana Factory's Maniotis told The Record that he and the licensees 
have asked the city to "come into discussion with us, not to threaten us. 
We've told them if they continue these practices we won't be willing to 
forgive - we will be going to sue them."

Asked if the city is considering any conciliatory action, Coueffin said: "I 
don't want to debate what he said they said. Council has directed staff to 
inspect the property to determine its compliance with health and safety 
bylaws. They've also directed staff to seek a court injunction if the 
owners failed to comply with that."

In response to the city's letter, Maniotis and his fellow residents put pen 
to paper.

Their letter to strategic services, the mayor and council begins: "It is 
with some regret that we must now face each other before a judge to address 
our complaint against you and the the New Westminster City Council for 
discriminatory practices against Health Canada Licensed Marijuana 
Cultivators/Patients, and for the libelous slander of our good reputations 
which you all affected in the press and in your special interest group 
meetings as well as in your written communications..."

The letter also states that Health Canada informed Maniotis on Oct. 25 that 
the city's request to shut down the Marijuana Factory is being ignored by 
the federal department.

The letter also states that the city should have been informed by legal 
advisors last year that its bylaw prohibiting cannabis production is 
unconstitutional.

The letter warns: "If any person, other than a Health Canada inspector, 
attempts to seek entrance to this Health Canada federally licensed 
marijuana cultivation site, in contradiction to the MMAR's (regulations), 
we have been advised to immediately inform the RCMP.

Maniotis told The Record: "You can't block patients' rights, anywhere. 
We're under human rights nationally - and we're going to be denied them in 
New Westminster? I don't think so."

He warned the city against wasting taxpayers' money on another expensive 
lawsuit.

Maniotis said he and the licensees might include Insp. Dave Jones of the 
New Westminster police and the Queensborough Ratepayers Association in 
their lawsuit, because of comments made at a recent ratepayers meeting.

"They're the ones who made the slanderous comments. We're on the side of 
the law and they should wake up and realize it."

Maniotis said if the city has a complaint against the Queensborough 
operation, it should send it to Health Canada, who can send an inspector to 
B.C.

Asked why the community should rest assured that the Marijuana Factory 
meets health and safety standards, he said that with fewer than 100 plants 
being grown, "you use more electricity with your hair dryer."

He said his landlord is in agreement with him that the city shouldn't be 
inspecting the residence. He adds that people live in the house - and why 
would they jeopardize their own health and safety. "Legal or illegal, they 
don't want us here, and that's discrimination, plain and simple."
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MAP posted-by: Jo-D