Pubdate: Fri, 01 May 2015
Source: Vancouver Courier (CN BC)
Copyright: 2015 Vancouver Courier
Contact:  http://www.vancourier.com/
Details: http://www.mapinc.org/media/474
Author: Mike Howell

PUBLIC TO GET SAY ON POT SHOPS

The public will have a say in the city's proposal to regulate the 
growing number of marijuana dispensaries in Vancouver after city 
council decided Tuesday to send the issue to public hearing.

The move, which is unprecedented by a Canadian municipal government, 
came after city manager Penny Ballem outlined a series of regulations 
to ensure the city has some control over the 85 pot shops.

Regulations call for an annual $30,000 licence fee for dispensary 
operators, criminal record checks and keeping pot shops 300 metres 
from schools and community centres.

"At this point, there's too many," said Ballem, who showed a map of 
the pot shops, most of which are downtown and east of Cambie Street. 
"We need to bring this into the best framework that's possible under 
the circumstances."

The circumstances are complex and related to current laws that exist 
in Canada where a person can obtain marijuana for an illness, if 
prescribed by a doctor.

Tied to the court ruling in 2001 that made possession possible for 
patients is the federal government's move in 2013 to have all 
marijuana cultivated for medicinal purposes come from a government 
dispensary and delivered by mail.

While that law is now the subject of a legal challenge, pot shops in 
Vancouver continue to proliferate, growing from 29 in October 2013 to 
85 this month.

None of the dispensaries are licensed by Health Canada, endorsed by a 
medical body or associated to any legitimate health service provider.

"Our goal was to actually regulate these businesses and reduce the 
risks and impacts while allowing access to people who are using 
marijuana for their specific purposes," said Ballem, noting the city 
studied how dispensaries operate in Colorado and Washington State, 
where residents can legally purchase marijuana for recreational use.

Although Mayor Gregor Robertson and his Vision councillors are on 
record as favouring regulation and taxation of marijuana as a 
strategy to combat organized crime, the city's powers are limited to 
managing land use, business licences and issues such as hours, noise 
and location.

Councillors used their time at the microphone Tuesday to ask 
questions of Ballem and city staff rather than make political 
speeches about the need for such regulations.

The mayor warned councillors the issue was whether council wanted to 
refer the matter to public hearing, which is where debate would occur 
and information provided by agencies including health and police.

Dr. Patricia Daly of Vancouver Coastal Health told reporters after 
the meeting that she supported council's move to regulate the pot 
shops. Daly said the proposed regulations are the best approach to 
reducing the harms of marijuana use, particularly with young people.

"As a prevention physician, as a physician who believes we should 
base our decisions on evidence, we know that trying to shut these 
places down will just drive distribution of marijuana back into the 
illegal market," she said.

Supt. Mike Porteous, who oversees the Vancouver Police Department's 
major crime section, spoke briefly to council, saying police do 
respond to concerns about pot shops, despite complaints to council 
about the lack of enforcement on the illegal operations.

"I don't want council to be confused to think that the police don't 
do enforcement on these shops," Porteous said. "If it's aggravated or 
it's not in the public interest, or there's a level of danger or 
organized crime or risk to children, we will do enforcement."

Porteous told reporters after the meeting the VPD didn't have an 
official position on whether it supports the city's move to regulate 
the pot shops, although he said "any kind of regulation helps."

"Because it's completely the Wild West right now," he said. "At least 
we could somehow monitor it, if we have bylaws. But I understand all 
the political implications, too, and I don't want to wade myself into 
politics."

During her presentation to council, Ballem, who is a trained 
hematologist, noted there are studies that have shown the health 
benefits of marijuana use. She also pointed out studies have shown 
health concerns for young people who use the drug, including memory 
loss and "reduced psychomotor performance."

That is an area federal Health Minister Rona Ambrose focused on in a 
letter she sent to Robertson last Thursday, saying she was "deeply 
concerned" about the city's move to regulate pot shops.

"The evidence is clear that when youth smoke marijuana they have 
increased risks of developing mental health issues, including 
psychosis and schizophrenia," Ambrose wrote. "We also know that 
regular, long-term marijuana use in youth can harm concentration, 
memory and the ability to think and to make decisions, and it can 
also produce paranoia and anxiety or nervousness."

Ambrose said Canada's drug laws are clear and do not provide 
municipalities with the authority to legitimize the commercial sale 
of marijuana, which remains an illegal substance.

"Storefronts and dispensaries do not operate with a 'grey zone', and 
the law is clear: they are illegal," the health minister concluded.

Marijuana activist Neil Magnuson, who is a member of the United 
Cannabis network, said he supported council's move to have the issue 
hashed out at a public hearing. But, he said, he was opposed to 
criminal record checks, the $30,000 licensing fee and the rules 
related to proximity of shops to schools and to each other.

"I can't think of why a criminal, if he's done his time, shouldn't be 
able to get a job at a dispensary," Magnuson said. "Why keep someone 
from turning their life around and getting a job in a place that 
really does good in our community?"

The proposed regulations will mean some pot shops will be forced to 
close, particularly those located within 300 metres of schools and 
community centres.

"We will not let one dispensary get shut down," Magnuson said. "If 
they try that type of enforcement, we'll be there en masse."

The public hearing is expected to begin sometime at the end of May, 
or early June. If council supports the regulations, it would then 
open up an application process for potential operators, who would 
undergo a detailed review before being granted a business licence.
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MAP posted-by: Jay Bergstrom